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(영문) 서울북부지방법원 2018.02.06 2018고정25

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of 2.5 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 C124cc Orala.

On October 15, 2017, the Defendant driven the above Obaon on the 15:15th day of December, 2017, and driven the two-lane road in front of Dongdaemun-gu Seoul Metropolitan Government D along the one-lane surface from the sloping-distance surface to the tent-side surface.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in the driving of a motor vehicle well look at the front side and the left side, and accurately operating the steering and brakes, etc.

Nevertheless, the defendant neglected this and found the victim E (the 87-year old) who was unauthorized to cross the road on the right side from the left side of the progress direction due to the negligence of the defendant's failure to stop it, and immediately proceeded with the victim E (the 87-year old), but did not avoid it, and the victim was shocked by the front part of the Oratob

As a result, the Defendant suffered from occupational negligence the injury of the victim in the upper half of the upper half of the aggregate, the lower half of the flavers, and the flavers, which require approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

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

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, Article 268 of the Criminal Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;