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(영문) 서울북부지방법원 2020.04.09 2019고정1758

교통사고처리특례법위반(치상)

Text

A defendant shall be punished by a fine of 400,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who is engaged in driving service B MW10 Orala.

On August 4, 2019, the Defendant driven the above Otoba and stopped in order to cross the new door while driving the front road of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul from the direction of D Elementary School to the new door, and driving the front road of Dongdaemun-gu, Seoul.

In such a case, despite the duty of care to prevent accidents by accurately operating the steering system, brakes and other devices of the vehicle, and driving safely by reasonably assessing road conditions, the above part of the right side of the victim E (the age of 29, south) driven by the victim E (the age of 29) who was driving on the right side from the left side of the running direction of the defendant Otoba, due to the negligence of unreasonably entering the road with the intention to cross the road, was shocked by the front side of the defendant Obaba in the direction of the right side.

The Defendant suffered injury to the victim, such as “influoral salt and tension,” which requires approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. The actual condition survey report;

1. Investigation report (a statement in the current place and CCTV images);

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;