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(영문) 서울중앙지방법원 2013.12.19 2013고정5355

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 6, 2013, around 11:10 on June 6, 2013, the Defendant tried to run a BM5 car behind the CM5 car parked on the 15-lane 15-ro of the copia in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul.

Since there is a slope and a road parking zone adjacent to a sidewalk, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the situation of traffic on the front left right right right right right right right right right right right right right right right right right right right right right and the steering system, etc. so as not to be invaded by the news report.

Nevertheless, the Defendant neglected to do so and caused car to go on the right side of the front side by misunderstanding an erroneous operation of the air route, speed, brake system, etc., and caused the sidewalk, and the victim C (the victim C (the victim 48 years old) and the victim D (the victim 5 years old) who walked on the ground that they go beyond the play ground, thereby causing injury to the victim C, which requires approximately 4 weeks of medical treatment, and the victim D suffers from multiple scopic scoptypiles, etc. which require approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A medical certificate;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes governing vehicles and field photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;