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(영문) 서울동부지방법원 2016.08.24 2016고단1137
교통사고처리특례법위반
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 a C car.

On August 1, 2015, the Defendant driven the above car at around 00:05, and driven the 3rd line road in front of the Northwest market in Songpa-gu Seoul, Songpa-gu, 932, along with the northwest-gu Seoul.

At the time, there is a crosswalk at which signal lights are installed at night and at the front door, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to see the front door well and to prevent the accident in advance.

Nevertheless, the defendant neglected to do so and found the victim D(40) to the right side from the left side of the progress direction due to negligence, and applied it rapidly to avoid this. However, the defendant did not avoid it and had the victim go beyond the ground by receiving the victim from the front driver of the vehicle of the defendant.

In the end, the Defendant inflicted an injury on both sides of the victim due to the above occupational negligence, such as the cerebral lele, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report, a actual investigation report, and a traffic accident occurrence report;

1. Each medical certificate and each written statement;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The fact that there is no punishment history, and even though there is no obstacle to view the sentence, the defendant's failure to find the victim properly within the distance that can be found in the normal front state, even if the victim, who crosses the right right from the upper side of the underground roadway, the left side of the running direction without any obstacle, runs up to the two-lanes, and even during the night, it cannot be said that there is no error by the defendant that the victim did not discover the victim properly within the distance that can be found during the normal front state.

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