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(영문) 서울북부지방법원 2017.12.13 2017고정1980
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three 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 the C M&A car owned by her husband B.

At around 14:10 on July 11, 2017, the Defendant got to turn to the left at a speed of about 5 km at a speed of 5 km from an elementary school located in Dobong-gu Seoul Metropolitan Government D at the front of the road.

Since the location is a place where a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle gets on the crosswalk by reducing speed and checking well the right and the right of the road, and to drive the crosswalk in a way that does not interfere with the passage and prevent the accident.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and received the victim F (the age of 24) on the left side of the Defendant’s vehicle with the right side of the crosswalk, and received more parts of the victim F (the age of 24) from the left side of the vehicle.

Ultimately, the Defendant caused the victim by such occupational negligence to suffer injury, such as cutting down the right pelvis, cutting down the upper left pelvis, cutting down the upper right pelvis, cutting down the upper right pelvis, cutting down the blood air, and pelup pelvis, etc., which require approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes concerning field photographs, on-site CCTV photographs, and on-site CCTV images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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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