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(영문) 서울남부지방법원 2017.05.12 2017고정543
교통사고처리특례법위반(치상)
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

The Defendant is a person engaging in driving freight vehicles B.

On January 12, 2017, the Defendant driven the above cargo vehicles around 17:00, and moved bypassing the two lanes between the two lanes in the direction of KBS separate from the cadastral construction site for the front roads of Yeongdeungpo-gu Seoul Metropolitan Government C.

At all times, a crosswalk without signal lights are installed. In such cases, the driver engaged in driving service has a duty of care to check whether there is a pedestrian walking the crosswalk by reducing the speed and temporarily stopping the front door and the right and the right, and to check whether there is a pedestrian walking the crosswalk before the crosswalk, and to safely drive it.

Nevertheless, if the defendant neglected this and did not temporarily stop before the crosswalk and by negligence bypassing it, he left the right side of the defendant's vehicle running on the crosswalk to the left side from the right side of the defendant's vehicle running ahead of the crosswalk, which led the victim D (the age of 67 years) who walked on the crosswalk to the right side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately four weeks of medical treatment to the left-hand side of the body, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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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