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(영문) 서울중앙지방법원 2015.06.10 2015고단1045
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle at a low price.

On November 11, 2014, the Defendant driven the above car at around 06:30, and driven the five-lane road in front of E, along with four-lanes from the boundary of a new station to the area of a branch hospital at the city of about 40 km.

At the time of the accident, the crosswalk was installed at the location of the accident, so it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant did not find out the victim F (70 years of age) who dried the road using the crosswalk in accordance with the pedestrian signals even though the signals were changed to the vehicle stop signal to neglect this, and instead did not find out the victim F (70 years of age) who dried the road, and received the victim as the front-hand part of the car driving of the Defendant.

Ultimately, the Defendant suffered approximately 12 weeks of treatment due to the above occupational negligence from the victim’s in-depth cutting down of a closed frame that requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs and medical certificates;

1. Application of Acts and subordinate statutes concerning investigation reports (human damage to victims and statements);

1. Article 3 (1), 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 a fine for selective punishment (the punishment shall be imposed in consideration of the circumstances, such as the fact that the person's error is divided, that one is covered by a comprehensive insurance, and that the victim has deposited eight million won with the agreed amount);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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