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(영문) 서울남부지방법원 2016.08.25 2016고단880
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in the D SP area.

On January 20, 2016, the Defendant driven the above car at around 06:05, and driven the front road of Yeongdeungpo-gu Seoul Metropolitan Government E in front of the road at the right angle of Ampha wave, but the front road of Yeongdeungpo-gu was driven by bypassing the two-lanes of the two-lanes between the two-lanes.

Since a crosswalk without signal lights is installed, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle is not a pedestrian crossing to cross the crosswalk by properly examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by accurately manipulating the steering gear, brake and other devices.

Nevertheless, the Defendant neglected this and went to the right side of the victim F (n, 36 years old) who walked along the crossing road from the right side of the course to the left side of the road due to the negligence going to the right side of the vehicle by his neglect, and served the victim who walked on the road due to his shock.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each written diagnosis;

1. A traffic accident report;

1. Application of the Act and subordinate statutes to a investigative report (to attach CCTV images to CDs);

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

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

1. The reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is the primary offender, and the vehicles driven by the defendant are covered by comprehensive insurance;

It is disadvantageous to the victim, such as the fact that the victim agreed smoothly with the victim, and the defendant suffered an injury in need of seven weeks of care from the victim on the crosswalk.

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