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(영문) 서울중앙지방법원 2018.10.24 2018고단3316
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 LK3 car.

피고인은 2018. 4. 21. 12:05 경 위 승용차를 운전하여 서울 강남구 언 주로 30길 26 타워 팰리스 3차 6번 게이트 앞 도로를 같은 구 언 주로 30길 10 뒤 편 이면도로에서 언 주로 30 길 쪽으로 좌회전을 하게 되었다.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service temporarily stops in front of the crosswalk, and whether he/she has a good mind on the front side and the left side, and to safely drive the crosswalk.

Nevertheless, if the defendant neglected this and proceeds by negligence, he was found to have the victim N(70 years old) who is standing off the crosswalk from the right side of the crosswalk to the left side and the victim N(70 years old) who was standing outside the crosswalk as the front part of the passenger car.

Ultimately, the Defendant caused an injury to the victim N by the above occupational negligence, such as a chest 1 father L1’s closed boom, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Blue images of black stuffs;

1. Medical certificate (N);

1. Application of Acts and subordinate statutes on screen pictures after filing an investigation report (report on the confirmation of black boxes and CCTV images), closures;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. One of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the first offender, the defendant is the first offender, the defendant is subscribed to a motor vehicle comprehensive insurance, the injured party is not subject to the punishment of the defendant as agreed with the victim, and all other factors of sentencing including the defendant's age, sex, environment, circumstances of accident, degree of damage, circumstances after the crime, etc. shall be determined as the same as the disposition.

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