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(영문) 광주지방법원 2013.11.12 2013고단4029

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Car.

On July 4, 2013, the Defendant driven the above car on July 10:25, 2013, and parked the above car in front of the Youngdong-gu, Gwangju.

Since there was a lux length, there was a duty of care to safely park a motor vehicle driving person by accurately operating the brake system to make a luxurc with a lux, or by installing a lux trees in preparation for the smuggling of the motor vehicle.

Nevertheless, the Defendant neglected this and operated the Brick only by the Brick without ascertaining that it is a slope, and caused the said vehicle to go ahead of the sidewalk by using the slope, and caused the victim C (n, 47 years of age) who is walking from the sidewalk to go ahead of the sidewalk, to go ahead of the sidewalk.

As a result, the Defendant suffered injury to the victim, such as the exposure to the right-hand frame, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. Actual condition survey report and on-site photographs of traffic accidents;

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

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. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse is that the defendant failed to properly observe his/her duty of care when parking a vehicle in a misunderstanding room, causing a traffic accident that meets the pedestrian victim by having reported the vehicle, and the victim caused a serious injury that requires approximately 12 weeks of treatment due to the above traffic accident. However, the defendant's mistake is considered to require a strict punishment against the defendant.