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(영문) 서울중앙지방법원 2019.10.23 2019고정1289
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled motor vehicle B.

On November 20, 2017, the Defendant driven the above vehicle at around 12:20, and driven the front D in the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu, according to the two-lanes between the two-lanes in the direction of the remote distance in the modern market.

The vehicle signal apparatus is installed at the front of that place, and the crosswalk was installed at the point where the intersection ends.

In such cases, there was a duty of care to prevent accidents by driving drivers, complying with traffic signals, and driving safely.

Nevertheless, the defendant neglected this and passed through the intersection as it is in violation of the signal and received the victim E (the 58 years old) in front of the above vehicle, where the victim E (the 58 years old), who was standing on the right side of the road in accordance with green signals, such as the signal of the crosswalk, from the right side of the road.

Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as a sacrife, which requires treatment for about five weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A report on investigation (Perusal of CCTV for crime prevention);

1. Reporting on the occurrence of traffic accidents and the application of Acts and subordinate statutes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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