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(영문) 서울동부지방법원 2018.03.21 2017고단3750
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of one million won.

When the defendant does not pay a fine, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving a motor device B bicycle.

On November 3, 2017, the Defendant operated the motor device bicycle on the front of Seongdong-gu Seoul Metropolitan Government around November 2013, and the Jeju Jeju Jeju Dot Province proceeded along the two-lanes of the two-lanes between the mast and the mast of the mast.

There are three-distance crossings in which signal lights are installed. In such a case, there was a duty of care to safely drive the motor device and prevent accidents in advance by safely driving it in accordance with the new code to ensure that the driver of the motor bicycle has a duty of care to reduce speed and to ensure that there is a person who drives the motor bicycle.

Nevertheless, the defendant neglected this and tried to find out and stop the victim D who has dried the crosswalk from the right side to the left side in accordance with the pedestrian signals by negligence in violation of it, even though the signal was a stop signal, but the defendant did not avoid it, but did not go beyond the victim's right side in front of the bicycle for the motor device operated by the defendant.

As a result, the Defendant suffered from the above occupational negligence that caused approximately 12 weeks of care to the right frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1), 3 (2) (proviso) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Selection of Penalty Surcharges);

1. Separate from those covered by liability insurance with the reason of sentencing as set forth in Articles 70(1) and 69(2) of the Criminal Act, consideration is given to the fact that the victim has been indemnified and agreed after the conclusion of pleadings, and that it is the first offender.

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