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(영문) 인천지방법원 2013.04.12 2013고정81

교통사고처리특례법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 9, 2012, the Defendant driven the said rocketing car on May 18:55, 2012, and caused the passage of the sidewalk to enter the underground parking lot in the south-gu Incheon Metropolitan City to enter the road from the underground parking lot, and thus, the Defendant had a duty of care to check and drive the vehicle with no pedestrians who temporarily stop.

Nevertheless, the victim C(52 years of age) who is walking a sidewalk from the tT5-distance KT5-distance room to the front part of the motor vehicle operated by the defendant due to the negligence of driving the sidewalk while neglecting this, was the front part of the motor vehicle operated by the defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes of the General Medical Certificate (C);

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the degree of injury to the victim and the fact that the recipient is a basic living recipient.