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(영문) 서울중앙지방법원 2017.09.05 2017고단4734

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On May 20, 2017, the Defendant driven the upper vehicle around 20:35, and parked in the front parking lot of the Seocho-gu Seoul Metropolitan Government D Building.

Since there is a slope length and a sidewalk for pedestrians' traffic, there is a duty of care to take necessary measures such as safely maintaining the state of parking by parking a vehicle in the driver's vehicle and thoroughly operating the brakes when leaving the driver's seat, etc.

Nevertheless, the Defendant neglected to do so and instead left the driver's seat while leaving the driver's seat as it is, thereby getting off the vehicle on the downway due to negligence.

The victim E(41) who was gleeped a fele reporting, shocked the right kne part of the victim E(41) into the front part of the above vehicle and allowed him to go beyond the ground.

As a result, the Defendant suffered injury to the victim, such as the victim’s satisfying the right satisfy that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A report on internal investigation (investigation into the details of an accident and the scene of an accident);

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant 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, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.