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(영문) 인천지방법원 2016.09.30 2016고정1021

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On February 24, 2015, the Defendant driven the above car at around 20:00, and followed the front sidewalk of Incheon Nam-gu C from the right side of the city to the right side of the west-gu, Seoul.

Since there is a place where a sidewalk is installed for pedestrian traffic, there was a duty of care to refrain from operating a sidewalk to a person engaged in driving service.

Nevertheless, the Defendant was negligent in parking a vehicle in front of the office located there, and the Defendant was negligent in entering the sidewalk and driving the vehicle, thereby driving the victim D(60) at the same place.

As a result, the Defendant suffered injury to the victim, such as an influence fluor, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

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