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(영문) 서울동부지방법원 2014.12.11 2014고단3448
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of four 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 a person who is engaged in driving a motorcycle B.

On August 28, 2014, the Defendant driven the above motorcycle on August 10, 2010, and driven the two-lanes of the 312-lanes in Seongdong-gu Seoul, Seongdong-gu, and the two-lanes of the 1-A-dongs in Seoul Special Metropolitan City, along the two-lanes from the direction of the Seoul Forest History to the jug City Funeral Distance.

Since there is a signal, there was a duty of care to reduce speed and drive safely in accordance with good faith for those engaged in driving service.

Nevertheless, if the driver neglected this, and caused the victim's bicycle front wheel part of the victim C(53 years old) driving the crosswalk to port from the right side according to the pedestrian signal of the Roman crosswalk as it is due to the negligence of the driver's negligence in violation of the vehicle stop signal, and the victim got the front wheel part of the above motorcycle.

Ultimately, the Defendant suffered approximately six weeks of medical treatment from the victim by occupational negligence as above, a non-standing executive staff member who is in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report, a survey report, and photographs of each field;

1. C Statement on the occurrence, actual condition, and supplement of traffic accidents;

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

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

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

1. On the ground of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order, the crime quality of the defendant is not that of the victim in light of the fact that the defendant, while passing through the intersection in violation of signal signals, was seriously damaged by the victim who dried the bicycle along the crosswalks to the right side of the victim by going beyond the road.

However, the defendant has committed a crime, and he has committed a mistake.

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