(영문) 서울중앙지방법원 2018.07.26 2018고단3311

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(영문) 서울중앙지방법원 2018.07.26 2018고단3311

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driver's service of the two wheels.

On February 20, 2018, the Defendant driven the above vehicle at around 11:10, and moved the front intersection of Gwanak-gu in Seoul Special Metropolitan City to the speed unspeeded in the direction of the new forest basin from the evise post office of the Seoul Special Metropolitan City.

At the point of the intersection, there is a crosswalk where a pedestrian signal apparatus is installed, and the driver of the vehicle has a duty of care to check whether there is a person who gets on the way to drive the vehicle by reducing the speed and by checking well the right and the right and the right of the vehicle, and to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and did not discover the victim E (8*) who walked the crosswalk from the right side of the proceeding to the left side by the right side of the road immediately by his negligence, and did not discover the victim E (8*) and got the victim to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim in a demarcated area requiring approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine (in light of the fact that the victim has agreed with the victim, the first offender, and the depth of the penalty, etc.);

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

참조조문

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