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(영문) 서울중앙지방법원 2013.03.21 2012고정7003
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a driver of a passenger car in B which he owns.

On October 20, 2012, the above vehicle was driven at around 03:30 on October 20, 2012, and the above vehicle was driven by Jongno-ro 3, Jongno-gu, Seoul, and the crosswalk 3 had no signal lights in 39-89, along the direction of one-way traffic from the ground of the tomb to the end.

Since there are crosswalks without signal apparatus, it is necessary to reduce the speed of the crosswalks, take the front direction well, and pedestrians pass the crosswalks, so there was a duty of care to protect pedestrians by temporarily stopping in front of the sidewalk.

Nevertheless, when it was negligent that the driver neglected the front of the vehicle in front, the victim C (the age of 43) who walkes along the crosswalk in the direction of the intersection by the 3rd to the right-hand side of the vehicle in front of the road in front of the road and the left-hand side of the road in the intersection of the intersection is not found, and the 43th to the right-hand side of the vehicle.

As a result, the defendant suffered from the marity of the majority, which is the left-hand side requiring treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual survey report and the occurrence of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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