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(영문) 의정부지방법원 고양지원 2016.04.29 2016고단449
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three 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 a C-A-hurd motor vehicle.

On December 04, 2015, the Defendant passed the front road of the Gansan Hospital, located in 170, Seo-gu, Seosan, Seosan, Seoyang-gu, Seoyang-gu, Seosan, in the direction of the Defendant, along the three-lanes from the vicinity of the Gansan Hospital to the village park.

Since there are crosswalks where signal lights are installed on the front door, there was a duty of care to confirm whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right of the front door, and to drive safely in accordance with the new code.

Nevertheless, due to the negligence that the Defendant neglected to stop the vehicle driving signal while proceeding, the Defendant received the victim D (the age of 70) who walked along the crosswalk from the right side of the Defendant's proceeding to the left side of the crosswalk in accordance with the new code from the Defendant's direction as the front part of the Defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as cutting the alleys that require approximately eight weeks of medical treatment by occupational negligence as well as cutting the alleys and ruptures of expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment Act”) of the Aggravated Punishment Order (hereinafter “Aggravated Punishment Act”) is reflective to the sentencing, the fact that the victim agreed smoothly with the victim, the fact that air cancer treatment is in progress, and the vehicle will not be driven

the defendant's negligence as an accident of serious injury, violation of signal and crosswalk, and one time before the same fine (2015).

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