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(영문) 서울북부지방법원 2017.04.19 2017고정419
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person driving B rocketing another car as his duties.

On December 3, 2016, the Defendant driven the above vehicle at around 13:50 on December 3, 2016, and driven the two-lane road in front of the D in Seongbuk-gu Seoul Metropolitan Government, along one-lane from the tri-distance at the entrance of the Ari-gu, to the upper side of the Ari-gu.

In that case, there is a crosswalk installed at the front of that place with signal apparatus, so in such a case, the driver engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to drive the road in accordance with the signals, and to safely check whether there is a pedestrian, and to prevent the accident in advance by driving the road.

Nevertheless, the Defendant neglected to do so and neglected to proceed with the red stop signals and received the victim E (8 years) crossing the crosswalk from the right side of the Defendant’s course to the left side, from the right side of the Defendant’s course to the right side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as “the framework and the right side,” which requires approximately four weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes as a result of traffic accident video reproduction;

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

1. Selection of an alternative fine for punishment;

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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