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(영문) 서울동부지방법원 2018.07.06 2018고정612

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 500,000.

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 a bicycle with a motor engine device B.

On December 16, 2017, the defendant operated a bicycle for the above engine device at around 14:55 on December 16, 2017, and operated the front road in Gwangjin-gu Seoul Special Metropolitan City along a one-lane distance from the military room to the chemical double-distance.

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and neglected to stop on the part of the Defendant’s motor device bicycle front part of the victim D(47) E, which was parked in the front body of the vehicle at the bend of the bend, which was the back part of the victim D(47).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. A photograph (the scene of an accident, a black boom course to cut);

1. Application of Acts and subordinate statutes to reports on traffic accidents and written statements on occurrence of traffic accidents;

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

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

1. All of the sentencing conditions, including: (a) the initial crime for the sentencing of Article 334(1) of the Criminal Procedure Act; and (b) the recognition of and rebuttal against the mistake, shall be taken into account.