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(영문) 서울서부지방법원 2013.04.11 2013고정304
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On December 11, 2012, around 11:06, the Defendant driven BUT125XK’s motorcycle and continued to drive on the road in front of the 398-7-dong, Eunpyeong-gu, Seoul, the head of Eunpyeong-gu, in a remote distance from the Gusan Station. At this point, the Defendant, who is engaged in driving, had a duty of care to drive safely by thoroughly examining whether there is a pedestrian who gets on the way to the crosswalk.

Nevertheless, the Defendant neglected this, and did not find the victim C (ma, 83 years old) who continuously walked on the crosswalk even after the Defendant’s green signal, etc. entered the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side and changed to the red signal, and did not discover the victim C (ma, 83 years old). The Defendant sustained the victim’s body with the part of hand-on hand on the right-hand side of the motorcycle driven by the Defendant, resulting in an injury to the victim due to an external depression that requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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