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(영문) 서울북부지방법원 2013.10.31 2013고단1744
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a non-motor vehicle in C.

On June 22, 2013, the Defendant driven the above car at around 05:00, and proceeded the two lanes between the five lanes in front of 4290 as Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with a speed of about 60km from the military direction to the parallel parallel direction.

At all times, there is a crosswalk where signal lights are installed, so there was a duty of care to prevent accidents in advance by safely driving according to the traffic signal by reducing speed and checking well the front left.

Nevertheless, although the vehicle signal for the front time was not changed from red to green, the defendant failed to discover the victim D (71) who was driving a bicycle on the left side of the defendant's driving direction at the time when the vehicle signal was followed by mistake that the vehicle signal was changed to green at the same speed, and did not find out the victim D (71) who was standing a bicycle on the left side of the road at the time when the vehicle signal was continued to run at the same speed, and the left side of the bicycle was taken as the front driver part of the above vehicle of the defendant, and the victim was faced with the front glass of the above vehicle and the victim fell on the road.

As a result, the Defendant suffered injury to the victim, such as duplicating the upper right frame, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident of the E and F, supplementary statement;

1. Partial description of D's statement on occurrence of traffic accidents, actual situation, and supplement statement;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate;

1. Application of statutes on site photographs;

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

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

1. Although the degree of injury under Article 334(1) of the Criminal Procedure Act is more severe and the agreement with the victim was not reached, the error is depthed.

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