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(영문) 서울동부지방법원 2014.10.02 2014고단2234
교통사고처리특례법위반
Text

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

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 the driver of B Poter II cargo vehicle.

On May 15, 2014, the Defendant driven the above vehicle at around 10:10, and turned to the left at an irregular speed, depending on the first lane in front of 176 (Road Round-ro, Gangdong-gu, Seoul.

At all times, there is a crosswalk in which traffic signals, etc. are installed on the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person, and to prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant neglected such duty of care and neglected to turn to the left, caused the victim C (year 37) who dried the crosswalk from the right-hand side to the left-hand side in accordance with the pedestrian signals to shock the front part of the above cargo vehicle, and caused the victim to suffer two traumas without any open one address for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. C's statement of traffic accident;

1. A photograph of each accident site;

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

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

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

1. On the ground of sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, the crime quality of the defendant is not easy in that it is an accident in which the victim walking the crosswalks according to the pedestrian signal was received while the defendant puts a non-protective left-hand turn on the driving signal at the private-distance intersection and damages two parts of the crosswalks due to excessive injury on the road;

However, there is no criminal power against the defendant, since the defendant committed a crime and repents his mistake, and there is no criminal power against the defendant.

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