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(영문) 서울중앙지방법원 2020.10.15 2020고정1375
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 motor vehicle B, rabal, or cargo vehicle.

On March 23, 2020, the Defendant driven the above vehicle around 17:13 on March 23, 2020, while driving the two-lane road in front of Gwanak-gu Seoul Special Metropolitan City, along the one-lane in the direction of D apartment in the direction of new disease control, stopped on the red fluor of the vehicle and parked in the front of the crosswalk.

In such cases, there was a duty of care to confirm whether a person engaged in driving service is a person or not, and to prevent accidents in advance by driving safely.

Nevertheless, the Defendant neglected to do so and did not look at the right side of the instant vehicle that the vehicle signal is changed to green and proceeded as it is without examining it, and the victim E (the age of 63) who illegally crossed the crosswalk from the right side of the direction of the Defendant’s course to the left side of the crosswalk was collisioned with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the upper part of the left-hand body in need of treatment for about six weeks due to the above negligence.

Summary of Evidence

1. The Defendant asserts that there is no fault on his part of the Defendant’s legal statement E, each traffic accident report (on the part of the Defendant’s legal statement report) and each diagnosis report (on the part of the Defendant’s legal statement perusal of a wooden scambling video).

The defendant cannot be exempted from liability for the traffic accident on the ground that the traffic accident does not occur due to the full fault of the defendant, but also the fault of the victim is concurrent.

(See Supreme Court Decision 2007Do1974 Decided June 28, 2007). In light of the above legal principles, according to the health stand and the record, the victim at the time of the instant traffic accident, even though he was in the red signal of the crosswalk, was in the front signal of the crosswalk, and the Defendant’s vehicle is in the front signal of the crosswalk.

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