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(영문) 서울북부지방법원 2018.01.11 2017고정1879
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of B 108cc.

On July 19, 2017, the Defendant driven the above Obaon on the 10:43rd day of July 19, 2017, and led the front of Dobong-gu Seoul to drive the crosswalk C at an insular speed along the two-lanes from the galphing place to the front intersection of the Changwon.

Since the location is a road where signal lights and crosswalks are installed, the driver of the motor vehicle has a duty of care to prevent accidents by checking the signal lights to the person engaged in driving the motor vehicle, safely drive the motor vehicle in accordance with its signals, while checking whether there is a person who gets on the crosswalk by reducing speed and checking well the right and the right of the road, and driving the crosswalk in a way that does not interfere with the traffic.

Nevertheless, the Defendant neglected this and neglected to enter the crosswalk to the port of the direction of the course, and received the part of the victim D (Wing, 48 years old) on the left body of the crosswalk from the right side of the direction of the course to the port of the crosswalk in accordance with the pedestrian signals.

After all, the Defendant suffered the victim’s amblock, etc., which requires approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

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