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(영문) 서울중앙지방법원 2016.03.10 2016고정39
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 400,000.

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 engaged in driving of rain vehicles B.

On November 11, 2015, the Defendant driven the above vehicle around 08:20 on November 11, 2015, thereby making the front road of Dongjak-gu Seoul Metropolitan Government to turn to the left at the right direction of the Boli Park.

At the front of that place, crosswalks without signal lights are available.

In such cases, when a pedestrian passes a crosswalk by reducing speed for a person engaged in driving service and taking into account well the right-hand side and right-hand side, 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 to do so and proceeded on the left side of the right-hand side of the victim D (son, 75 years old) who opened a crosswalk on the right-hand side of the right-hand side of the defendant's vehicle, and caused the victim to go beyond the victim by collisioning with the front-hand side of the driver's seat of the defendant.

As a result, the Defendant suffered injury to the victim, such as “Woo-man salt dynasium,” which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to field survey reports, vehicle photographs related to accidents, and diagnostic certificates;

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

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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