(영문) 의정부지방법원 2016.03.18 2015고단4535

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(영문) 의정부지방법원 2016.03.18 2015고단4535

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in C SP area.

On September 17, 2015, the Defendant driven the above car at around 13:49, and came to turn to the left from the intersection of the street in front of the E restaurant at both States D at both States.

The location was a private crossing where signal lights are installed, and there was a crosswalk where signal lights are installed at the front direction of the defendant's proceeding, so in such a case, there was a duty of care to check whether there is a person engaging in driving of a motor vehicle to reduce speed and to see well the right and the right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the signals.

Nevertheless, when the defendant neglected this and found the victim F (56) who dried the crosswalk to the left right side of the road due to the negligence of disregarding that the vehicle moving signal is the red light and left left as is, the defendant did not neglect it and did not avoid it, but did not avoid it, and was placed the victim in front of the motor vehicle by the defendant.

As a result, the Defendant suffered injury to the victim, such as the defluence of the upper part of the upper part of the upper part, which requires approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site and vehicle photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes by capturing an accident video;

1. Relevant legal provisions concerning criminal facts, Articles 3(1)1 and 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Article 268 of the Criminal Act) (Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Article 3(2) of the Act on Special Cases Concerning the Selection of Punishment, Etc.) (Article 268 of the Criminal Act (Article 26(1) of the same Act) provides for a relatively serious injury to the victim, i.e.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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