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(영문) 서울북부지방법원 2020.12.03 2020고단2059
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a radar car.

On March 27, 2020, the Defendant driven the above car on March 10:15, 2020, and moved back the side road that does not distinguish the two lanes in front of the D located in Seongbuk-gu Seoul Metropolitan Government, from the E elementary school to the air protection area of the Ansan Cancer Community Center at the speed of the Si speed.

Since the location is installed a crosswalk without signal lights on the front side, in such cases, there was a duty of care to stop when pedestrians are passing along the crosswalk, and to proceed with the passage of pedestrians or the right of way.

Nevertheless, by negligence, the defendant neglected this, served as the front right-hand wheels of the victim F (the age of 67) who was crossing the crosswalk on the left-hand side from the running direction of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the diversal flasium, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the defendant's first offender, and no traffic offense or traffic accident after obtaining the driver's license in 1996 remains. Although the defendant did not reach a criminal agreement with the victim, the vehicle operated by the defendant was covered by the motor vehicle comprehensive insurance applicable to the above accident and there were two minor children who should support the defendant, and many minor children want to support the defendant.

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