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(영문) 서울중앙지방법원 2015.11.18 2015고단5017
교통사고처리특례법위반
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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 drives a vehicle in CM520.

On June 3, 2015, at around 09:45, the Defendant continued three-lanes of the third-lane road at the crosswalk at the entrance of the Gangnam-gu Seoul Metropolitan Government 501, using the said car on the front side of the crosswalk at the entrance of the Stackkkum Park at the entrance of the Gangnam-gu, Gangnam-gu.

Since there is a pedestrian crossing with a signal apparatus, the person engaged in the driving of the motor vehicle is safely operated in accordance with the signal apparatus's instructions, and when the pedestrian gets on the crosswalk, the pedestrian had a duty of care to temporarily stop in front of the crosswalk to protect the pedestrian and prevent the accident from occurring.

Nevertheless, the Defendant violated the stop signal and received the victim D and the victim E who walked along the crosswalk from the right side of the running of the Defendant’s car in the course of the Defendant’s car, to the left side, as the front driver of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim D, such as “one-time side knee-car side kne-car side kne-car side kne-care,” which requires the victim E to receive approximately 3 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident under D or E;

1. The actual condition survey report;

1. Each photograph;

1. Each written diagnosis;

1. An analysis letter of Road Traffic Authority;

1. Application of Acts and subordinate statutes on the report of internal accidents;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a fine for selective punishment (such as the misunderstanding of a person's identity is divided, there is no record of criminal punishment, and victims do not want the punishment by mutual consent with the victims, etc.);

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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