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(영문) 서울중앙지방법원 2013.12.20 2013고정5882
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has driven a motor vehicle B by self-drawing.

On April 14:30, 2013, the Defendant driven the above car and started a shower building underground parking lot in Seocho-gu Seoul Metropolitan Government Seocho-gu 1601-1, Seocho-gu, Seocho-gu, Seoul, and came to the road for large forest paths by crossing the front sidewalk.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle after checking whether there is a pedestrian who has passed a report by temporarily stopping the vehicle before crossing the sidewalk.

Nevertheless, the defendant neglected this and caused the victim C (the age of 43) who walked on the left side from the right side of the horse to the left side of the road due to the negligence of the defendant's failure to pass the sidewalk.

As a result, the Defendant suffered from the Defendant’s occupational negligence that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Entry of a traffic accident report;

1. Descriptions of a medical certificate;

1. Application of image Acts and subordinate statutes on traffic accident-related photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The place where the alleged accident occurred shall not fall under the news report under the proviso of Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

2. The proviso of Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) provides that “When a person drives a vehicle in violation of Article 13(1) of the Road Traffic Act or in violation of the method of crossing a sidewalk under Article 13(2)

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