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(영문) 서울남부지방법원 2015.03.26 2015고단519
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 D-to-purd motor vehicle.

On January 13, 2015, the Defendant driven the above car at around 17:10 on January 13, 2015, and moved one lane in front of the front of the 31 parking zone in Guro-gu Seoul New-ro, Guro-gu, from the surface of the new-ro-ro apartment room to the surface of the Gurogate. Since there is a crosswalk where signals, etc. are installed, the Defendant was obliged to take a duty of care to check whether there is a person engaging in driving service and to safely drive the car in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded with the crosswalk signal even though it was green, and the Defendant’s driver’s vehicle driven by the front part of the vehicle in front of the Defendant’s driver’s vehicle, and the victim E (74 years old) and the victim F (67 years old), who crossed the road through the crosswalk in accordance with the pedestrian signal from the right side of the Defendant’s driving direction to the left side of the road.

The Defendant suffered from the above occupational negligence the injury of the victim E, such as the pressure pressure of the 2st century, which requires approximately 8 to 10 weeks of treatment, and the victim F with approximately 10-2 weeks of treatment, and the right side, the chest, and the chest section.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Although the criminal liability is not minor in light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant's negligence, degree of damage, etc., the fact that the defendant recognized and reflected the crime, that the defendant agreed with the victims, that the defendant has no criminal records, and that the defendant has no age, character, conduct, environment, and crime.

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