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(영문) 서울동부지방법원 2017.12.21 2017고단3334
교통사고처리특례법위반(치상)
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 engaging in driving a BMW car.

On August 20, 2017, the Defendant driven the above car on August 22:13, 2017, driving the two-lane road in front of Songpa-gu Seoul, Songpa-gu, Seoul in the direction of the above-mentioned apartment in the direction of the above-mentioned model, while driving the two-lane road in the direction of the above-mentioned model, and making the left turn to the left turn at the right intersection in front of the green apartment.

At the time of night, there are many rains, and there was a crosswalk on which signal lights are installed at the front door, so the driver of the vehicle has a duty of care to check whether there is any person who gets off the way to reduce the speed and to check well the front door, and prevent the accident in advance.

Nevertheless, the defendant neglected to turn to the left and did not find the victim D(44) to the left on the right side of the front side by using the crosswalk pursuant to the pedestrian signals and did not find the victim D(44) and had the victim go to the right side of the front part of the car and go to the ground.

Ultimately, the Defendant suffered injury to the victim, such as the 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of D traffic accidents;

1. A traffic accident report;

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

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. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

The crime of this case committed by the defendant who neglected his duty to turn to the left and caused the damage to the pedestrian crossing by neglecting his duty to turn to the left.

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