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(영문) 서울중앙지방법원 2013.08.23 2013고정3566

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 350,000.

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 a BMW car.

On April 28, 2013, the Defendant driving the above vehicle at around 16:50 on April 28, 2013, and driving at a speed of the speed of the Si on the road of four lanes in front of the 48-lane Seoul Cheongdo-dong, Gangnam-gu, Seoul, toward the direction of the Youngdong-do-dong.

In order to park in front of the 48 building, the right-hand side of the proceeding direction, the sidewalk was sent back.

In such cases, a person engaged in driving service of a vehicle has a duty of care to prevent accidents in advance by temporarily stopping the vehicle immediately before crossing the sidewalk, and by preventing any interference with pedestrian traffic after examining the left and right.

Nevertheless, the Defendant neglected this and got off the part of the victim C (the age of 32) who was galed by the Defendant’s negligence and passed through the sidewalk, with the rear part of the Defendant’s vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C;

1. Entry of the report on traffic accident (report on actual condition) (1, 2);

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 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;