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(영문) 서울북부지방법원 2019.10.10 2019고단1497
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On January 31, 2019, the Defendant driven the above car at around 08:55, while proceeding the front road of the Jung-gu Seoul metropolitan apartment to the opposite direction from the west-gu office street, and making it left left to the right edge of the drinking house.

Since there is a three-way intersection and a crosswalk is installed immediately after the left turn, the driver of the vehicle has a duty of care to safely drive the vehicle in front of the crosswalk in order to prevent the accident by temporarily stopping in front of the crosswalk so as not to obstruct the passage of the pedestrian or endanger the pedestrian when the driver of the vehicle is living well in the vicinity and the pedestrian is travelling along the crosswalk.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk and did not find out the victim D (the 9-year old age) who dried the road along the crosswalk from the left-hand side of the Defendant’s running direction to the right-hand side of the crosswalk, and had the victim go beyond the floor by taking the victim a front side of the left-hand side of the Defendant’s driving car.

The Defendant suffered injury to the victim by occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, 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 of the Criminal

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant, while driving a car, did not temporarily suspend the vehicle at the crosswalk and thereby suffered an injury to the child who dried the crosswalk. Therefore, the Defendant needs to be punished corresponding thereto.

However, the defendant made his mistake.

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