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(영문) 서울서부지방법원 2013.07.09 2013고단1106
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On January 12, 2013, the Defendant driven the above car at around 04:15, and proceeded at a speed of about 50km in speed, depending on the two-lanes between the two-lanes, the front of the new third-distance road of Eunpyeong-gu Seoul Metropolitan Government 20-4, the front of the new third-distance road from the front of the new death distance.

In order to turn to the left from the front of the new distance, a person engaged in driving of a motor vehicle shall drive the motor vehicle according to the new code, and since there is a crosswalk in front of the right turn immediately before the left turn is made, there is a duty of care to safely drive the motor vehicle by checking whether there is no person who intends to cut the crosswalk or not.

Nevertheless, the defendant neglected this and proceeded with the victim C (the age of 79) who dried the crosswalk from the right side of the passenger car driving direction to the left side of the passenger car driving by negligence of driving the car even though the car is yellow signal.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as cerebral cerebrovassis without an open space requiring medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2);

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

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

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for detention in the workhouses are primary offenders, the fact that the defendant is covered by a comprehensive motor vehicle insurance, the fact that the victim wants the defendant's wife by agreement with the victim, the fact that the defendant's mistake is divided in depth, the circumstances of the case, the age, character and conduct of the defendant, etc. shall be determined as the same as the order.

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