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(영문) 서울서부지방법원 2020.08.13 2020고단1252
교통사고처리특례법위반(치상)
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

At around 06:30 on February 8, 2020, the Defendant had two-lane roads in front of Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government, which are moving from the scarke-gu shooting distance to the scarcity of D school, to the left at a speed of about 20 km per hour.

At the same time, there is a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the normal passage of pedestrians or endanger pedestrians, so that pedestrians are crossing at the crosswalk where no signal is installed.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and received the parts of the victim F (the age of 88) who walked along the crosswalk from the Hong-gu Scandg Road to the E apartment room from the Hong-gu Scandg Road.

As a result, the Defendant suffered injury to the victim, such as cutting the frame (closed) of the Class 1 river floor, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the F;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. On-site photographs;

1. A medical certificate;

1. Application of investigation reports (examination of whether crosswalks are available) and investigation reports (related to the installation of crosswalks) Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order cannot be said to be less that the Defendant’s violation of duty of care cannot be said to be less than that of the victim due to shocking the victim, and accordingly, the victim suffered an injury that requires approximately six weeks of medical treatment.

On the other hand, the defendant is punished against the defendant by agreement with the victim.

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