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(영문) 서울북부지방법원 2017.02.09 2016고단3811
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in B SP area.

On July 5, 2016, the Defendant driven the above vehicle around 12:10 on July 5, 2016, and proceeded along the two-lanes from the front of the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the front of the 114 “Cheong Solo apartment three-lanes” in the direction of the agricultural road from the front door of the solo apartment.

In such cases, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the crossing when the driver of the vehicle passes the crosswalk, and on the other hand, the driver of the vehicle has a duty of care to prevent the accident by safely driving the vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and neglected the vehicle signal, which is a red signal and the pedestrian signal is a green flickering signal, but passed through the crosswalk as it is, went by right-hand, and the victim C ( South, 13 years old) who crossed the crosswalk from the right-hand side to the left-hand part of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning 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 circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The accident of this case is due to the violation of signal, and the defendant's negligence is severe and does not make an agreement in the occurrence of the accident: The defendant is against the defendant, and the defendant is against the defendant.

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