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(영문) 서울동부지방법원 2018.07.03 2018고정551
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle B 124c motor device.

On February 25, 2018, the Defendant operated a bicycle for a motor device at around 21:00, and led Gangdong-gu Seoul to proceed the front intersection of Gangdong-gu Seoul to the front middle school from the tent elementary school.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a motor vehicle according to the traffic signals, such as reducing speed and checking whether there is a vehicle passing through the intersection by checking the right and the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and received the front part of the Defendant’s motor device bicycle ahead of the Defendant’s motor device, which was driven by negligence in violation of the signal while making a stop signal on the vehicle, and left left from the front side of the Madcheon Middle School (62 3) of the victim D (62 ) who left the right side of the Madna private taxi.

As a result, the Defendant suffered brain-dead, etc. by negligence on the part of the Defendant, which caused approximately three weeks of medical treatment to the victim, without any wife in two open.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A survey report on the actual condition of an accident and a medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles, on-site photographs, and motion pictures of the accident;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the Defendant’s negligence appears to have been more severe than that of the Defendant for the reasons of sentencing, the degree of damage to the victim, and the fact that the damage was not recovered, shall be determined as ordered by taking into account the sentencing conditions as indicated in the instant trial.

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