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(영문) 서울동부지방법원 2018.04.06 2018고정85
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cuba in the Republic of Korea.

On October 19, 2017, the Defendant driven the above van on the 15:43th day of October, 2017, and proceeded along the two lanes front of Songpa-gu Seoul Metropolitan Government D along the two lanes from the right side of the mar high school.

At the front of the road, there is an intersection with signal lights and crosswalks, so in such a case, the driver of the vehicle has the duty of care to check whether there is a vehicle and pedestrian driving with the driver of the vehicle, and to safely drive the vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the defendant neglected this and continued to go straight at the same speed in violation of the new code, and caused the victim to go to the right on the left by using the crosswalk in accordance with the pedestrian signals. The victim E (29 years old) driven by the bicycle driving on the right side by using the crosswalk in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Photographss by capturing a black stuffe image;

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

1. Article 3(1) and the proviso to Article 3(2)1 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 selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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