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(영문) 서울중앙지방법원 2015.11.04 2015고단5484
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 of K5 si.

The defendant driving the above taxi around 15:00 on April 25, 2015, and driving the five-lane road in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, along five-lane from the sub-debrison of the Seoul National University.

In order to reach the intersection of the Seoul Southern District, it was made bypassing to the songcheon Riverside.

However, the place has a crosswalk traffic island on the left side of the private-distance intersection, and there is a crosswalk that does not have any signal to connect the delivery and the traffic islands on the front side, so in such a case, it is confirmed whether a person engaged in driving a motor vehicle has a pedestrian or not by reducing the speed of the motor vehicle and by properly examining the front side, and if there is a person who intends to walk, there was a duty of care to temporarily stop in front of the crosswalk to check the safety of the motor vehicle to send the pedestrian first and then to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 16) who was crossing the crosswalk due to occupational negligence while driving the crosswalk, and received the victim's body in front of the said car.

As a result, the Defendant suffered injury to the victim due to such occupational negligence, such as “a ductal body booming and closing the ductal body boom accompanied by a ductal body bridge,” which requires approximately 12 weeks of treatment.

Summary of Evidence

1. A traffic accident report;

1. A report on investigation (the face of a black box);

1. Investigation report (verification of lubbox images);

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

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. Although the degree of injury suffered by the victim who is selected as a selective fine is heavy, the victim does not properly look at the fact that the defendant is driving a taxi in front of the crosswalk before the crosswalk, and the defendant goes up with the crosswalk and moves down the crosswalk.

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