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(영문) 서울남부지방법원 2016.04.26 2016고단584
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, he/she shall be 100.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a impunched vehicle B.

On November 14, 2015, around 04:10 on November 14, 2015, the Defendant continued to move from the northwest School of Yeongdeungpo-gu Seoul Metropolitan City Mangsan-dong to the third-lanes, and came to the direction of the national supplement discharge line.

Since a crosswalk without signal lights and a stop line are installed on the front side, a person engaged in driving service has a duty of care to safely drive the crosswalk after temporarily suspending it before the crosswalk or stop line.

Nevertheless, the Defendant was negligent in neglecting this and got a victim C (36) who crosses the crosswalk from the right side of the Defendant's proceeding to the left side.

As a result, the Defendant suffered injury to the victim, such as the escape of the left-hand body, which requires approximately six weeks of medical treatment, due to such occupational division and room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A fact-finding survey report, a traffic accident-finding report, brief map at the scene of the accident, and a photograph at the scene of the accident;

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

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won; and

2. Determination of sentence: A serious injury inflicted upon a victim who has agreed to a fine of two million won (a favorable condition) with the victim, has no record of the purchase of comprehensive automobile insurance, or criminal punishment (a unfavorable condition);

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