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(영문) 서울중앙지방법원 2014.06.27 2014고단818
교통사고처리특례법위반
Text

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

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 a car in a SP area B.

On November 14:30, 2013, the Defendant driven the above car, and made it left left at approximately 20 km per hour from the scam of the Scam of Seocho-gu Seoul, Seocho-gu, Seoul to the front 455-10-do-dong, Scambun-dong, Seoul to turn to the left at the speed of about 20 km.

Since there was a crosswalk at the front direction of the defendant's proceeding, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets on the front direction of the motor vehicle, and to prevent the accident in advance.

Nevertheless, by negligence of neglecting this, the Defendant found the victim C (n, 65 years old) crossing the above crosswalk at late, and operated it rapidly, but did not avoid it, and did not go against the Defendant’s front-hander part, and turned the victim up to the ground.

In this regard, the Defendant suffered injury, such as pressure duplicating 1 times in need of approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Selection of a selective fine for punishment (the fact that there is no previous conviction other than the one fine, the fact that an insurance company of a sea-going vehicle has paid 27 million won to the victim with the agreed amount, and the defendant has agreed smoothly with the victim after the closure of pleadings, and is against the depth of the sentence, etc.);

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more of the Criminal Act;

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