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(영문) 서울남부지방법원 2015.03.24 2015고정381
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On November 11, 2014, the Defendant driven the above vans around 17:10 on November 17, 2014, and proceeded at a speed of about 60km per hour, depending on three lanes in the direction of Ansan-ro, Yangcheon-gu, Seoul, Yangcheon-gu, 257 modern department stores in front of the 257 modern department stores.

Since there is a crosswalk where signal lights are installed on the front door, there was a duty of care to prevent accidents in advance by driving safely according to good faith and care in the surrounding condition to the person engaged in driving service.

Nevertheless, when the defendant neglected this and neglected to proceed with the yellow signals in violation of the signal, he received the front right side part of the victim C(53 years old) who crosses the road to the right side from the left side of the direction of the defendant's proceeding.

Ultimately, the Defendant suffered injury to the victim, such as cutting off the right frame, which requires approximately seven weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to report internal investigation (related to the submission of a medical certificate for victims);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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