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(영문) 서울동부지방법원 2018.06.01 2018고정218

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF rocketing car.

On October 30, 2017, the Defendant driven the above car at around 13:25 on October 30, 2017, and proceeded to the above-mentioned elementary school from the village high school where the apartment complex of 1340 is located in the village apartment complex with 402 front of the Seoul Gangdong-gu Seoul Metropolitan Government.

It is a place where the traffic of vehicles and pedestrians is frequent, so in such cases, the driver of the vehicle has a duty of care to reduce the speed and to prevent the accident by driving the vehicle well, and to prevent the accident in advance.

Nevertheless, the Defendant was negligent in driving the bicycle driven by the victim D(30) due to the negligence of neglecting this, and received the bicycle back to the passenger car of the Defendant.

As a result, the Defendant suffered injury to the victim, such as chromatic salt, tension, etc., for about four weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Reports on traffic accidents, investigation reports (report on the actual condition of telephone communications with the intention to issue the medical certificate E) and telephone communications;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to CCTV image data;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, 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;