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(영문) 서울동부지방법원 2016.11.24 2016고단3002
교통사고처리특례법위반(치상)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a d bargaining vehicle.

At around 09:40 on July 7, 2016, the Defendant was going to proceed bypassing the intersection of the 359 upper East-dong-ro, Gangdong-gu, Seoul, to the 3-lane of the strong day from the lower bank.

There are crosswalks where signal apparatus is installed on the front door, so in such a case, the person engaged in driving service has a duty of care to safely drive after checking the signal well and checking the right and the right of the front door.

Nevertheless, the Defendant neglected this and proceeded bypassing the signal signal of the front-way crosswalk without being considered to have changed to the pedestrian signal, while getting a electric wheelchairs pursuant to the pedestrian signals and cutting the above crosswalk from the right side to the left side without finding the victim E (the age of 83). The Defendant got the front-way part of the front-hand part of the front-hand part of the front-hand wheelchairs of the front-way motor vehicle, and let the victim go beyond the ground due to its shock.

After all, the Defendant suffered injury to the victim, such as an injury from an external wound, which does not have any address in the opening 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement of the occurrence of E traffic accident;

1. The police statement concerning F;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment lies in the occurrence of the accident in this case, but there are circumstances in which the responsibility of the defendant was not sufficiently secured for the driver who was bypass due to the construction at the time of the accident, and the defendant is whatever.

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