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(영문) 서울동부지방법원 2021.02.19 2020고정827
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving BCA10cc Orala.

On December 21, 2019, the Defendant driven the above 15:30 on the 15:30 on the 201st day of December 21, 2019, and driven the road of five lanes (including bus exclusive lanes) in the front of Gwangjin-gu Seoul Special Metropolitan City, along the two lanes in the direction of three-lanes from the Gun's history distance to the Gun's historical distance.

At all times, there is a crosswalk where signal lights are installed, so in such a case, a thorough examination was conducted to check whether there is a person to walk the crosswalk by checking well the right and the right and the right, and there was a duty of care to prevent accidents in advance by accurately operating the steering gear and the brakes.

Nevertheless, the defendant neglected this and got the right side side of the victim E (the 77 years old) who opened the crosswalk to the right side at the time when the signal of the crosswalk is on-and-off from the left side of the right side of the marina course due to his negligence, which led the defendant to go beyond the road, by facing the front part of the road.

Accordingly, the Defendant suffered injury to the victim, such as a heat hold from the right to the right-hand side (such as the heat hold and the bid room in front) in need of approximately four weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (e.g., circumstances of accident);

1. A medical certificate;

1. Application of Acts and subordinate statutes on Ctv video data;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that “The degree of injury inflicted on the victim, the victim’s unauthorized crossing of the case without permission is also the cause of the accident, the Defendant agreed with the victim, and all other conditions of sentencing, including the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, as indicated in the records and arguments of the case.”

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