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(영문) 서울남부지방법원 2020.05.28 2020고정577
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a holder of Orala at 49:00 .

1. At around 20:00 on December 1, 2019, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the above dial part in front of the building in Gangseo-gu Seoul Metropolitan Government; and (b) moved the dial part into the street park at the intersection at the entrance and intersection at the elementary school of the new month.

However, at the same time, a vehicle-shaped signal is installed along with a three-dimensional signal at the front, and in such a case, a driver has a duty of care to safely drive the crosswalk by safely driving it, such as complying with the signal and accurately operating the steering and brake system, by making it possible for the driver to observe the signal.

Nevertheless, the Defendant neglected this, due to occupational negligence in violation of the signal while the vehicle signal in the front section of one debt is a stop signal, sent the crosswalk green signal from the side of the building at the time in the convenience store D, and sent the crosswalk to the side of the victim E (e.g., 54 years old) who walked on the crosswalk, sent off the right hand of the victim E (e.g., the 54 years old), thereby causing the injury to the victim in the multiple scambling which requires approximately two weeks of treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said otobs without mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1) (2) actual condition survey report;

1. Investigation report (receiving a medical certificate);

1. Application of the mandatory insurance policy (B)-related Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (1) and Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act on Criminal Facts, Article 268 of the Criminal Act, Article 46 (2) and (2) of the Guarantee of Automobile Accident Compensation Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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