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(영문) 서울동부지방법원 2016.01.14 2015고단3376
교통사고처리특례법위반
Text

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

The defendant is a person who is engaged in driving a BM7 car.

On October 25, 2015, the Defendant driven the above vehicle at around 08:40 on October 25, 2015, and led to the progress of the vehicle at the vicinity of the mountain station distance, which is located in front of the mountain middle school in Gangdong-gu Seoul, Gangdong-ro 251.

At the time, there was a crosswalk on the front side of the defendant's moving direction, so there was a duty of care to prevent the accident by properly examining whether the defendant engaged in driving of the motor vehicle complies with the signal and has a person to wear the crosswalk.

Nevertheless, the Defendant neglected to do so and followed the victim C (74 ) (74) with the right side of the said car, which was cut to the port from the right side of the Defendant’s running direction in accordance with the pedestrian signals by negligence going to the right side of the said car, in contravention of the red signal.

Ultimately, the Defendant caused the above victim to suffer bodily injury, such as the knee-feling of the left-side kne-felb, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on traffic accidents and a survey report on actual condition;

1. A medical certificate;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 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 (the fact that the error is divided in depth, the vehicle is covered by a comprehensive insurance, the fact that some of the above money was found in the hospital but it appears to have been endeavored to recover damage, such as raising it, etc., and there is no criminal history, and there is little degree of consideration in the circumstances of the accident in this case, the degree of violation of the duty of care in this case, circumstances after the crime, Defendant's age, sexual behavior, environment, etc.)

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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