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(영문) 서울남부지방법원 2017.11.16 2017고단4854
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 6, 2017, the Defendant driving a two-wheeled vehicle BGD 125 for business around 19:35, and driving a two-lane in the direction of the Paris Park, from the direction of the Paris Park, the passage of one side of the 387 Sim-dong, Yangcheon-gu, Seoul, in front of the establishment of his permanent residence.

At all times, a crosswalk, such as signal, was installed.

In such cases, the driver has a duty of care to prevent traffic accidents in advance by safely operating the vehicle in accordance with the name of the person who is engaged in driving service with the prior care of the prior and right of the vehicle.

Nevertheless, the defendant did not neglect such duty of care and did not see the victim C (18 h, n) crossing the road to port from the right side of the road on the side of the course of operation when he operated in contravention of the signal, and did not go beyond the road by collision with the damaged person in front of the two-wheeled vehicle driving.

In the end, the defendant suffered by negligence in the course of business the injury of the victim, such as cutting off the body of the right frame, closing, etc., which requires stability and medical treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. A criminal investigation report (to attachCCTV CDs);

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the degree of negligence of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act cannot be somewhat weak, the defendant shall be punished by a fine in full view of the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation and family environment, in various circumstances, such as the fact that there is no same criminal record and no criminal record beyond the suspension of execution, and the victim does not want the punishment of the defendant.

It is so decided as per Disposition for the above reasons.

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