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(영문) 울산지방법원 2017.03.17 2016고정1293

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 of a motor vehicle with sod motor vehicle of D.

On June 18, 2016, the Defendant driven the above car at around 23:05 and proceeded at a speed of about 3 kilometers per hour at the time with the Mondo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong public parking lot.

Since there was a parking lot, there was a duty of care to prevent accidents in advance by doing so to a person engaged in driving of a motor vehicle with a duty of care to live well on the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and did not properly look at the front side of the car, and led the victim E (44) to the right edge, etc. of the victim E (44) who was on the front side of the car driving.

Ultimately, the Defendant suffered from the victim’s negligence in the course of performing the above duties by causing approximately two weeks of treatment to the right side in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A traffic accident report;

1. On-site photographs, diagnostic notes, and the victim's new photograph (the defendant and his/her defense counsel asserted that the right edge, etc. of the victim does not cover the wheels of the driver's vehicle, but the victim's statement is consistent with the facts charged, and there is no special circumstance to make a false statement, so the above statement is sufficiently reliable, considering that there is no specific circumstance to make a false statement, and even though the degree of shock in this case is unfeasible, it is highly probable that the defendant did not know the fact that the wheels of the driver's vehicle was over the victim's growth, etc., and it is difficult to deny the credibility of the statement made by the victim, etc. merely because the defendant and his/her female-friendly group on the vehicle did not know that the defendant's seat was over the victim's growth, etc., and that the victim's proposal was made to replace the driver for insurance processing

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