(영문) 수원지방법원 성남지원 2020.02.19 2019고정1098

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(영문) 수원지방법원 성남지원 2020.02.19 2019고정1098

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 26, 2019, the Defendant driven the B-wheeled Motor Vehicle from the purchase distance of the Gowon-dong, Seongbuk-gu, Sungnam-gu, Sungwon-si, Sungnam-si on August 26, 2019, and was straight from C to D market.

On the other hand, a person engaged in driving service on the top of an intersection where traffic control is performed by installing a crosswalk and signal, has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger pedestrian crossing when a pedestrian passes the crosswalk.

Nevertheless, the Defendant entered the intersection in contravention of the signal, and did not temporarily stop in front of the crosswalk, caused the collision of the left side part of the pedestrian G crossing, which crossed from the right side of the direction to the right side of the crosswalk, to the front side of the road, with the front side of the vehicle with the driver’s wheels, to the front side of the crosswalk.

As a result, the Defendant suffered injury to the right dog, the right dog, the right blue salt and tension, and the pel part, which require treatment for about two weeks due to the above violation of signal and the gross negligence of pedestrian protection.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the selection of fines;

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 recognizes the defendant's mistake in sentencing, and recognizes that the victim's injury is relatively minor, the defendant agreed with the victim, and the first offender.

However, this case is a person who is walking normally at a crosswalk in violation of the Defendant's electric wheeler's signal.

참조조문

유사 판례

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-수원지방법원 2016.01.20 2015고정2676