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(영문) 서울북부지방법원 2015.08.20 2015고단1924
교통사고처리특례법위반
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 a marina freight vehicle B.

On May 16, 2015, the defendant driving the above vehicle as a duty of 08:20 on May 16, 2015, and driving the front road of Seongbuk-gu Seoul Metropolitan Government along the five-lanes between the 5-lane surface of the upper rock distance.

At the same time, there is a crosswalk where signal lights are installed, so in such a case, the driver has a duty of care to observe the signal, temporarily stop or reduce the speed of the driver, and to check whether there is a person to cut the crosswalk, and to check whether there is a person to cut off the crosswalk, and to safely drive it, to prevent the occurrence of the accident.

Nevertheless, while neglecting this, the Defendant was placed on the front part of the Defendant’s vehicle, who walked on the left side of the crosswalk in accordance with the Defendant’s green signal while driving the vehicle in contravention of the signal on the red signal of the vehicle, and was placed on the left part of the victim D (W, 71) who walked on the right side of the direction.

Ultimately, the Defendant suffered approximately 12 weeks from the above occupational negligence to the right side of the light flag, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) is that the above vehicles of the defendant were subscribed to a mutual aid association; the defendant does not have the victim's punishment under the mutual consent with the victim; the defendant has no record of criminal punishment in addition to juvenile protection cases; circumstances surrounding the crime in this case; the defendant's age, character and conduct, environment, occupation and family relationship.

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