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(영문) 서울동부지방법원 2017.11.22 2017고단3412

교통사고처리특례법위반(치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Co., Ltd.

On September 5, 2017, the Defendant driven the above vans around 10:30 on September 5, 2017, and turned back from the front sidewalk of Gangdong-gu Seoul Metropolitan Government to a parking lot.

Since there is a place where a sidewalk for pedestrian traffic is installed, in such cases, a driver of a motor vehicle shall not operate a sidewalk, and when operating a sidewalk inevitably, a driver of a motor vehicle has a duty of care to check whether a pedestrian traveling along the surrounding area is a pedestrian and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and did not identify the surrounding pedestrians, and instead caused the victim E (73) to go through the front side of the Defendant’s car, which was caused by the Defendant’s negligence following the Defendant’s frightion, and the Defendant got the victim to go beyond the report.

As a result, the Defendant caused the victim to suffer bodily injury, such as cutting down the body frame in need of approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

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

1. Relevant 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, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Punishment to be suspended: Fines of two million won;

1. Attraction of a workhouse: Articles 70 (1), 69 (2), and 100,000 won per day conversion;

1. Suspension of sentence: Confession, reflectivity, subscription to comprehensive insurance, background leading to committing a crime, preparation of a written agreement on November 21, 2017 (40 million won) and absence of criminal records exceeding fines;