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(영문) 서울북부지방법원 2016.09.30 2016고정1434
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Cargo Vehicles.

On April 24, 2016, the Defendant driven the above vehicle on April 17:45, 2016, while proceeding from the university to the direction of the new road at the direction of Seongbuk-gu Seoul, taking into account the intersection of the error distance from the front of Seongbuk-gu Seoul.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the signal, etc. in accordance with the signals of the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and got a part of the victim E (the 36 years old and the mong nationality) who crossed the crosswalk at the right-hand side in violation of the pedestrian signal from the left-hand side of the crosswalk, which was due to the negligence of proceeding in contravention of the signal.

Ultimately, the Defendant suffered injury to the victim, such as “infection, tension,” which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. E statements;

1. Investigation report ( Results of an investigation conducted by the Service);

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Photographss of vehicles and booms and caps of the course;

1. Application of the Acts and subordinate statutes on black booms CDs

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Consideration of the occurrence of the instant traffic accident, degree of negligence by the accused and the victim, degree of injury by the victim, the degree of injury by the victim, etc.)

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