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(영문) 서울동부지방법원 2018.08.14 2018고정629
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the C SP area.

On December 3, 2017, the Defendant driven the above vehicle at around 20:00, and led the front intersection of Gangdong-gu Seoul Metropolitan Government D to the left left-hand turn at the seat of the new cancer elementary school.

Since a crosswalk is installed, in this case, there was a duty of care to check whether a person engaged in driving of a motor vehicle gets on a crosswalk by reducing speed and by properly examining the right and the right of the road, and to safely drive the crosswalk.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and received the victim E (62 years) and the victim F (61 years old) from the left side of the crosswalk from the left side to the right side in accordance with the Mad pedestrian signals, and received the front part of the Defendant’s vehicle.

After all, the Defendant, by the above occupational negligence, suffered injury to the victim E, such as a proposal for about two weeks of medical treatment, and a scambry in the scambling part of scam, etc., and the victim F in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of the Act and subordinate statutes on actual condition survey reports and field photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The sentencing conditions indicated in the instant trial, such as the Defendant’s age, are relatively minor to the victims of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the victim E expressed his intention not to punish in the investigative agency, and the sentence is determined as ordered in light of the sentencing conditions indicated in the instant trial.

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