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(영문) 서울중앙지방법원 2018.08.17 2017고정3469
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CMW car.

On September 4, 2017, the Defendant driven the above vehicle at around 06:10, and driven the side road without the front line of the E convenience store located in Gangnam-gu Seoul Metropolitan Government D in the direction of the gallonian department store at the school-dong private street room.

Since there is a crosswalk without signal lights, in such cases, the driver is obliged to reduce the speed to the person engaged in driving service, to live well on the front door and the left, and to safely drive the crosswalk, and pedestrians have the duty of care to check and safely drive the crosswalk.

Nevertheless, the Defendant neglected this and proceeded to the right side of the crosswalk to the left side of the course due to negligence, and caused the victim to go beyond the crosswalk floor by collisioning the front part of the Defendant’s driving vehicle with the front part of the road.

As a result, the Defendant suffered injury to the victim, such as the mouth flasing down to the left-hand ske in need of treatment for about three months due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of examination of the witnessF of this court;

1. A survey report on actual conditions;

1. Image photographs of crosswalks;

1. Application of Acts and subordinate statutes (40 pages of investigation records);

1. 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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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