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(영문) 서울북부지방법원 2015.04.08 2015고정445
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On November 02, 2014, the Defendant driven the above vehicle around 08:00, and proceeded three lanes in front of Dongdaemun-gu Seoul Metropolitan Government C at the right-side of the flow distance from the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the year

At all times, crosswalks without signal lights are installed.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed for the person engaged in driving of a motor vehicle, well sees the front direction, and pedestrians are passing along 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 neglected this and continues to proceed at the same speed.

The victim D (the age of 69) who crosses the crosswalk from the right side to the left side of the crosswalk was found late, and operated rapidly to avoid this, but did not avoid it, and the victim was taken over by the front driver of the Defendant's driving vehicle.

As a result, the defendant suffered injury to the victim by negligence in the course of business, such as internal side rupture, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Supplementary statement of D traffic accident;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

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 (1) 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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