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(영문) 서울동부지방법원 2015.06.25 2015고단1297
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a person who is engaged in driving a Bchip car.

On April 5, 2015, the Defendant driven the above car at around 11:00, and turned the front road of Gangdong-gu Seoul Metropolitan Government C into the front intersection of the Maduk-gu.

On the front of the defendant, a crosswalk on which signal lights are installed is installed, so there was a duty of care to prevent accidents by observing the signal while complying with the signal to the person engaged in driving the motor vehicle, and by checking where there is a good person to walk the crosswalk.

Nevertheless, the defendant did not find out the victim D (15 years old) who was dried up on the left side of the defendant's moving direction from the right side of the road to the left side of the road, and did not find out the victim D (15 years old) who was driven by the defendant in the front part of the above vehicle driving by the defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence as above, such as light flaging on the left-hand side in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicles and field 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 concerning criminal facts;

1. According to the decision of punishment, the victim's injury caused by the instant traffic accident is not minor, and the accident in this case is not likely to have occurred in violation of the proviso of Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, but it is not good to commit such crime. However, the defendant is the first offender, and the vehicle in this case has been covered by the automobile comprehensive insurance, and the victim has paid KRW 7,500,000 to the victim during the investigation process,

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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