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(영문) 서울동부지방법원 2013.04.03 2013고정588
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was driving a passenger car with B low Pest Pest in his own possession on duty.

On December 26, 2012, the Defendant driven the above vehicle around 17:45 on December 26, 2012, and proceeded at a speed of about 20 kilometers per hour on the roads of the first two lanes in front of 18-12, Gangdong-gu Seoul, Gangdong-gu, Seoul, toward the side of the windline.

In such cases, if a person engaged in driving service reduces the speed, well sees the right and the right on the front side, and a pedestrian passes a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to send pedestrians first and to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The victim C (the age of 22) who was walking a crosswalk on the left side of the right side was found, and brating the hand on the left side, and the hand was balke, but the victim was not faced, and the part before the right side of the defendant's vehicle was shocked.

As a result, the defendant suffered injury to the victim, which requires about 8 weeks of treatment due to occupational negligence, such as the 12 chest and the 1st century pressure frame.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1);

1. Statement on the occurrence of traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 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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