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(영문) 서울남부지방법원 2016.05.19 2016고정291
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On September 23, 2015, the Defendant driven an off-line 22:10, and driven a three-lane road in front of the 34-lane Seoul Gangseo-gu Seoul, as the fire prevention of Gangseo-gu Seoul, along the two-lanes from the new fire shooting distance to the airport middle school.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded with the vehicle driving signal even though it was red signal, and the victim C (69 years old) who crosses the crosswalk from the left side to the right side in accordance with the pedestrian safety, on board the bicycle, was in excess of the Defendant's Otobba, and was in use on the floor.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim C, knee knee knee knee knee knee knee knee, and the injury of the victim D (V, 65 years old) who was on the back seat of the said bicycle, to whom approximately 6 weeks of medical treatment is required for approximately 6-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis of C and D;

1. Application of Acts and subordinate statutes to the actual survey report;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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