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(영문) 서울북부지방법원 2021.02.04 2020고단3823
교통사고처리특례법위반(치상)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving the BM5 vehicle volume.

On July 4, 2020, the Defendant driven the above vehicle on the street of 170 crosswalks in front of the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, 14:00, and proceeded at a three-lane speed from among the four-lane roads in the direction of the direction of the direction of the direction of the direction of the road from the end rock.

There are crosswalks where signal lights are installed at each front door, so in such cases, the driver is obliged to operate the vehicle in accordance with the signal and instruction indicating traffic safety facilities to the driver of the vehicle, and the driver of the vehicle has the duty of care to prevent the accident in advance by checking well whether there is any person to walk the crosswalk.

Nevertheless, the Defendant neglected this and did not stop even if the front signal was changed to red, and is still proceeding as it is. From the right side of the proceeding direction, the victim C (the age of 11) who dried the crosswalk according to the pedestrian green signal was shocked to the right side of the Defendant’s vehicle.

As a result, the Defendant suffered a variety of dys, including four or more cages that require approximately five weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. An accident report prepared by the defendant in court by the defendant C;

1. A traffic accident report (on-site investigation report), CDs (suspects, video images, and photographs of suspects and vehicles);

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

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

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

1. The severity of the Defendant’s violation of his duty of care on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act (a violation of signal and pedestrian protection duty on crosswalks) and the degree of damage are not somewhat minor.

However, a victim who is fine after the accident was arrested to take sufficient measures to deal with the accident, such as relief, etc., and the victim is punished by the defendant.

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