(영문) 서울중앙지방법원 2016.01.13 2015고단7022

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(영문) 서울중앙지방법원 2016.01.13 2015고단7022

교통사고처리특례법위반

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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

around 16:30 on October 5, 2015, the Defendant driven a car at BNp city, and proceeded at a speed of about 5 km per hour from the Myeon in Seoul, the front of the D Mart road located in Dongjak-gu Seoul Metropolitan Government C, to the front of the D Mart at the speed of about 5 km per hour.

Since there is a road where a crosswalk without signal, etc. is installed, the defendant driving a motor vehicle has a duty of care to reduce the speed of the motor vehicle, to live well on the front side and the left side, and to ensure the safety of pedestrians passing the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed, and did not find out the victim E (the age of 27) who crosses the crosswalk to the port from the right side of the crosswalk, and did not get the victim to go beyond the road with the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as “alleys and closed down on the left-hand side,” which requires approximately nine weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of each traffic accident prepared by Defendant and E;

1. A traffic accident report;

1. On-site photographs of a traffic accident [Attachment 3 of the evidence list];

1. Application of Acts and subordinate statutes of a 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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a selective fine for punishment (in consultation with the victim, considering that the victim does not want the punishment of the defendant);

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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