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(영문) 서울북부지방법원 2016.06.30 2016고단1416
교통사고처리특례법위반
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 a BM5 car.

On February 11, 2016, the Defendant driven the above car at around 19:05, and proceeded with the two-lanes of the 17th national highway letter, which is located in front of 4618, in the direction of the superior of the former metropolitan city, from South Korea, to the front side of the national highway letter No. 17 in front of 4618, along the speed of 70km.

At the time, there is a pedestrian crossing in which a signal, etc. is installed at night and at that time, so there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the vehicle signal is changed to the stop signal, and the Defendant, using the crosswalk in accordance with the pedestrian signals, finds the victim C late later and followed the bring to the right side, thereby running down the bring to avoid this. However, the Defendant did not avoid it and did not go to the front right side of the vehicle of the Defendant, and did not go to the ground.

Ultimately, the Defendant suffered injury to the victim, such as a pelle part of the frame, which requires approximately 13 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

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

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

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment”) is reflective to the sentencing of Article 334(1) of the Aggravated Punishment Act, the victim and the victim agreed smoothly, and the fact that there was no special criminal record in addition to the punishment of a fine once due to the violation of the Act on the Establishment of Local Reserve Forces (a disadvantageous circumstance).

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