logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2021.02.05 2020고단1598
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BMW 520d car.

On April 17, 2020, the Defendant driven the above car around 12:05, and led the six-lane road in front of Gwangjin-gu Seoul Special Metropolitan City to go straight along one-lane from the jurisdiction of the Gu to the jurisdiction of the Gu from the north side of the river.

Since a crosswalk is installed on the front side, there is a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian, and to safely drive the crosswalk in accordance with the signals of the motor vehicle, by reducing the speed of the motor vehicle and by properly examining the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to disregard and proceed with the red signal, which is a stop signal, and caused the victim D (53 years old) who walked along the crosswalk in accordance with green signals from the left side of the moving direction of the Defendant’s car to the right side of the Defendant’s car to the right side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury to the victim, such as the dives of the upper half of the left-hand body in need of approximately 8 weeks of treatment, and the dives of the unknown dives that require approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The report of traffic accidents in D and the report of the occurrence of traffic accidents and the application of Acts and subordinate statutes to booms video diagnosis reports;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) in the order of provisional payment is that the Defendant suffered an injury of eight (8) caution by shocking the victim on the crosswalk in violation of traffic signals, and thus, the Defendant’s criminal liability is not somewhat weak.

However, the fact that the defendant recognizes his mistake and reflects it, and the defendant desires to do so with the victim.

arrow