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(영문) 서울동부지방법원 2016.08.25 2016고단1765
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2016, the Defendant driving at around 11:30 Lone Star Co., Ltd., and turned the front sidewalk in Gwangjin-gu Seoul Special Metropolitan City from the military guard to the general guard.

At the same time, there was a duty of care to cross the road so as not to obstruct the passage of pedestrians by checking the front, rear, and left and right of the road in cases where a sidewalk is installed for pedestrians.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 65) who was gleeped by the sidewalk at the later end of the sidewalk, to go beyond the news report, by shocking the victim D (the age of 65) with the rear part of the said knife.

Ultimately, the Defendant suffered injury to the victim, such as a 14-day therapy and a body felball together, due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Application of the medical certificate, each photographic statute;

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, and Article 268 of the Criminal Act;

1. The degree of injury of a victim who suffered from an accident that caused a reason for sentencing in accordance with Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse is not minor. However, prior to the instant case, the Defendant has no record of criminal punishment except for a minor punishment of a fine of KRW 300,000 due to interference with the business in 2012, and the Defendant has purchased a comprehensive insurance policy and agreed on the payment of KRW 17 million to the victim separately, and reflects the fact that the Defendant is against the foregoing.

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