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(영문) 의정부지방법원 2014.07.17 2014고정707

교통사고처리특례법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving three-wheeled scooters.

On August 23, 2013, the Defendant driven the above vehicle on August 17:30, 2013, and was straight from the shooting distance from the east Dobcheon-si, the Defendant was straight through a sidewalk to the distance of the new market.

There is a place where a sidewalk is installed.

In such cases, the driver of a motor vehicle shall pass along the roadway on the road that is divided into a sidewalk and a roadway, and the driver of a motor vehicle has a duty of care to prevent accidents in advance by preventing the passage of pedestrians.

Nevertheless, the defendant neglected this and passed a sidewalk at an unknown speed.

There is a conflict between the two parts of the victim C(n, 65 years of age)'s right bridge copy part of the victim C(n, 65 years of age) with the back wheels of the driver's vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as the cutting of the body of a copy of the outside side, which requires about five weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to entries in the actual condition survey report, traffic accident situation statement and diagnosis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Punishment to suspend sentence under Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act (see, e.g., Article 70(1) and Article 69(2) of the Criminal Act), which is to be imposed on a fine of KRW 3,000,000 (where the defendant fails to pay the above fine, 50,000 shall be confined in a workhouse (see, e.g., Articles 70(1) and 69(2) of the Criminal Act) of the suspended sentence: