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(영문) 제주지방법원 2019.10.18 2019고정93

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B New-Wood Motor Vehicle.

On October 21, 2018, the Defendant driven the said car on the 21:50th day of October, 2018, and moved the front sidewalk C at the Jeju city to the roadway from the above commercial building underground parking lot.

At that time, since people's passage frequently, in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by making it possible to see the front, rear, left, and left well, and accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by taking the front part of the front part of the victim E (n, the age of 26) who was walking due to the occupational negligence.

As a result, the Defendant suffered from the injury of the victim, such as the deprivation of arms and legs, which requires treatment for about two weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to an accident site photograph and a survey report on actual conditions;

1. Article 3 (1) and the proviso to Article 3 (2) and 3 (9) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

1. Articles 70 (1) 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;