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(영문) 서울동부지방법원 2015.06.26 2015고정734
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a food passenger car B.

On January 25, 2015, the Defendant driven the above vehicle around 19:25, and driven the three-lane of the three-lane in front of the 909-distance as Seoul Songpa-gu, Songpa-gu, Seoul, toward the direction of the water at the distance of the village market.

At the time of night, it was not good in view of the view, and there was a vehicle signal at the front side of the intersection, so the driver of the vehicle has a duty of care to prevent the accident by safely driving the vehicle according to the vehicle signal, such as stopping at the stop line, the crosswalk or the intersection immediately before the intersection.

Nevertheless, the Defendant neglected this and received the bicycle front part of the victim C (the age of 48) driving on a bicycle along the pedestrian signal from the left side of the running direction of the motor vehicle in a right side of the motor vehicle of the victim C (the age of 48) who gets a bicycle on the right side of the motor vehicle of the Defendant when the Defendant was negligent in driving the bicycle in violation

Ultimately, the Defendant suffered injury to the above victim, such as the 5th century nuclear escape certificate, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) (proviso) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crimes, Article 268 (Selection of Fine) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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