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(영문) 서울남부지방법원 2016.09.29 2016고정187
교통사고처리특례법위반
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 operation of the Cststuna car.

On October 26, 2015, at around 18:20, the Defendant proceeded at a speed that is impossible to identify one lane in the direction of the central church in the direction of the Sejong High School on the waters where the two-lane roads in front of the Seoul High School are located along the two-lane roads.

At the front of that place, an intersection and crosswalk where signal lights are installed is installed.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with traffic signals.

Nevertheless, the Defendant neglected this and went through the intersection due to the violation of the signal signal while passing through the intersection, the Defendant received the victim D (70 years old) who was a victim of the crosswalk pursuant to the pedestrian signals of the crosswalk from the right side of the road to the left side of the road from the right side of the road in order to leave the damaged person on the road.

As a result, the Defendant caused the victim to suffer injury, such as the 2nd heading of the left-hand body, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A medical certificate;

1. A survey report on actual conditions;

1. The Defendant asserts to the effect that he passed through the intersection of yellow signals, not the red signal.

However, in full view of the size of the intersection, the location of the accident, the speed of the defendant, etc. recognized by the above evidence, even if the defendant entered the intersection with yellow mar.

Even at home, the signal has already been changed to red, and the victim who has dried the crosswalk pursuant to the pedestrian signals at the end of passing through the intersection is seen to have received the signal, so criminal facts can be sufficiently recognized.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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