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(영문) 서울남부지방법원 2013.05.21 2013고단913
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Bran XG car.

On January 9, 2013, the Defendant driven the said car at around 10:45, and moved the road of the 201-1-Dong 1, Hyundai Catado located in Yangcheon-gu, Seoul, Yangcheon-gu, 961-1, into the right-hand side of the Samsung C&M, at the right-hand side of Samsung C&M, at about 20 km from the front side of Samsung C&M, to the right-hand side of the Dong elementary school.

Since there are crosswalks where signal lights are installed on the front door, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the front door and to drive safely in accordance with the new code.

Nevertheless, the defendant neglected this and even though the signal is changed to the stop signal, due to the negligence of proceeding with the pedestrian signals, sent the crosswalk to the right side according to the pedestrian signals, and got the victim C (56 years old) crossing the crosswalk to the right side of the road over the front part of the passenger car of the defendant.

As a result, the Defendant suffered from the victim’s occupational negligence such as “unfelball felball,” which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident set forth in the D (C);

1. A traffic accident report;

1. Application of Acts and subordinate statutes to C of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the degree of negligence of the defendant and the degree of injury of the victim are not less vulnerable, but the defendant purchased a comprehensive insurance policy and paid considerable amount of insurance money, such as medical expenses, to the victim, and separately deposited 1.5 million won for the victim, the punishment shall

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