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(영문) 서울서부지방법원 2020.12.10 2020고정856
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 W125 motorcycle.

On May 23, 2020, the Defendant driven the above motorcycle on May 17:56, 2020, and proceeded to turn to the left at a speed of about 20 km in the direction of the network driving distance, depending on one lane in the direction of the network driving distance from the intersection of D elementary school located in Mapo-gu Seoul Metropolitan Government C.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the signal and prevent the accident in advance by driving the signal in accordance with the signals.

Nevertheless, the defendant neglected this and neglected to violate the cross-section signal, and neglected to turn to the left, received the front part of the bicycle driving of the victim E (V, 47 years old) who was crossing the road from the right side of the defendant's running direction to the right side of the defendant's driving.

As a result, the Defendant caused the victim to suffer from the above occupational negligence by causing approximately five weeks of medical treatment to the right-free fluorum and the right-hand fluorum.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of a medical certificate of the fact-finding report by a defendant;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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