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(영문) 서울북부지방법원 2017.11.15 2017고정1623
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of BCA110.

On May 3, 2017, the Defendant driven the above Obaon around 19:00, and proceeded with the D Mba on the front road in Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu along a one-lane from the direction of science technology to the lower-lane underground vehicular road.

Since a crosswalk without signal, etc. is installed, in such a case, the driver of the vehicle has a duty of care to reduce the speed for the driver of the vehicle and to safely drive the crosswalk after checking whether there is a person to walk the crosswalk.

Nevertheless, the defendant neglected to do so and found the victim E (V) who was the left side of the crosswalk from the right side of the Roman course to the left side of the crosswalk, delayed to find the victim E (V) who was the victim's walked on the left side, and proceeded to the left side, while the defendant got the front wheel part of the victim's right edge as the front wheel part.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal of the bones of the entrance and exit, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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