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(영문) 서울북부지방법원 2013.06.13 2013고정1077

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is driving a two-wheeled vehicle in the name of wife C D 125cc.

The Defendant, around 11:30 on November 17, 2012, is proceeding at a speed of about 30km from the right edge to the right edge of the network, depending on three lanes in front of the 470-14 multi-lane, Jung-gu, Seoul, Jung-gu, Seoul, about 470-14 (c).

It was conducted by a news report.

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

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground by shocking the right side of the victim E (n, 67 years old) who passed along the sidewalk due to negligence by entering and driving a sidewalk in order to pass along the network far from the sidewalk, and eventually, caused the victim to suffer other bodily injury, such as the alley of the upper frame, which requires 12 weeks of treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. E statements;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing examination of evidence at each site;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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;