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(영문) 서울동부지방법원 2016.03.22 2016고정68
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 a car of C Mu Sha.

On September 6, 2015, the Defendant driven the above car on September 19:15, 2015, and driven the front road of the Songpa-gu Seoul Metropolitan Government 71 Bank at a speed of about 30 km from the long distance to the front road of the Song-gu Seoul Metropolitan Government.

Since a crosswalk is installed on the front side, in such cases, the driver has a duty of care to safely drive the road, such as temporarily stopping in front of the crosswalk, so as not to obstruct the crossing of the pedestrian or endanger the pedestrian, by checking whether there is a person driving the vehicle, and by checking well the right and the right of the front side, if the pedestrian passes the crosswalk, he/she has a duty of care to safely drive the road.

Nevertheless, the Defendant neglected this and did not find out the victim D (at the age of 65) to the right side at the right side of the proceeding direction due to negligence, which led to the Defendant’s failure, and did not avoid it. In short, the Defendant got out of the victim’s bridge part as the front part of the said car driven by the Defendant, which led to the Defendant’s negligence on the part of the said occupational negligence, resulting in an injury to the victim, such as blood transfusion outside the left side which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written diagnosis;

1. Comprehensive traffic accident analysis replies;

1. Report of investigation ( Results of request for speed analysis) and application of Acts and subordinate statutes reporting of investigation;

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

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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