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(영문) 서울북부지방법원 2015.10.15 2015고단2315
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If 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 rocketing car.

On May 21, 2015, at around 10:13, the Defendant, while driving a two-lane road in front of the Nowon-gu Nowon-gu Seoul Special Metropolitan City Nowon-gu Nowon-gu Nowon-gu Public Health Center at the Nowon-gu, Seoul Special Metropolitan City Nowon-gu, along with a two-lane road from the Nowon-do Nowon-gu, the Defendant came to turn to the left in the

Since there is a place where a crosswalk without signal lights is installed, in such a case, the driver has a duty of care to temporarily stop or reduce the speed at the place where the crosswalk stop line is installed, and to check whether there is a person to walk the crosswalk well, and to safely drive the crosswalk to prevent the occurrence of an accident.

Nevertheless, the Defendant neglected to do so and went beyond the victim by shocking the right side of the victim C (the age of 88) who crosses the crosswalk to the right side from the left side of the direction of the defendant's proceeding to the right side of the victim C (the age of 88).

As a result, the Defendant suffered injury to the victim, such as the Plaintiff’s elbow joints elbow joints with the right-hand body, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2) (actual survey report);

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant accident on Article 334(1) of the Provisional Payment Order does not change the degree of injury to a victim. However, there is no record that the Defendant was punished as the primary offender, the Defendant was the victim under an agreement with the victim, the circumstances leading to the instant crime, the circumstances after the instant crime, and the Defendant.

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