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(영문) 서울중앙지방법원 2014.09.12 2014고단4975
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 16, 2014, at around 11:00, the Defendant operated a B digging pool on March 16, 2014, and proceeded to turn to the left one way among the three-lanes in the direction of the new distribution apartment in the 86th 2nd 338-dong, Seocho-gu, Seoul, for a guardian club in the direction of the new company.

Since there are lots of vehicles and pedestrian traffic, and pedestrian traffic signals are installed, all drivers of vehicles have a duty of care to temporarily stop in front of the crosswalk and protect pedestrians who walk the crosswalk.

Nevertheless, the Defendant neglected this and proceeded along the crosswalk as it is, while standing the crosswalk, sent the left side of the victim C (the 11 year old, n) who dried the crosswalk according to the victim's signals to the front side of the locker of the Defendant's driving.

As a result, the Defendant suffered from the injury of the victim, such as her mouth, closure, and her face, which requires a medical treatment for about four weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Selection fine of punishment (such as primary crime, the fact that the insurance processing and treatment has been completed with the comprehensive motor vehicle insurance for the damaged motor vehicle, and the fact that it is against the person committed during the investigation period from the investigation stage);

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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