(영문) 서울남부지방법원 2020.03.25 2020고정150

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(영문) 서울남부지방법원 2020.03.25 2020고정150

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a W125 motorcycle.

On August 26, 2019, the Defendant driven the above motorcycle on August 12:50, and driven the crosswalk installed as the air protection area of the Geumcheon post office on the front side of the above site at the speed of about 5 km.

Since the place is where the center line of yellow-ray is installed, there was a duty of care for those engaged in driving service to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected to do so and tried to drive the center line along the above crosswalk, and caused the victim to go over the ground by taking the front wheel part of the above victim's motorcycle in front of the motorcycle of the above victim's motorcycle because the victim C(23 years old) was found late to drive the Defendant on the left side of the direction of the Defendant's proceeding and did not avoid it, and caused the victim to go over the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, such as the end-up of the upper part of the body to the right, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement on the occurrence of a traffic accident (C);

1. A medical certificate (C);

1. Application of Acts and subordinate statutes on traffic accident reports;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the choice

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case: (a) the background, method, and content of the instant crime; (b) the degree of occupational negligence; (c) the degree of injury inflicted on the victim; and (d) the degree of the injury inflicted on the victim; and (c) there is no record of criminal punishment other than the punishment imposed once for the instant crime; and (d) the Defendant’

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