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(영문) 서울중앙지방법원 2019.10.31 2019고단1400
교통사고처리특례법위반(치상)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, who is engaged in driving a Brocketing car on December 11, 2018, was driving the said car at around 20:11:20 on December 12, 2018 and was going to cross the sidewalk to enter the road front of the D store located in Seocho-gu Seoul Metropolitan Government, and thus, the Defendant had a duty of care to check and drive a person engaged in driving service with no pedestrian traffic by temporarily stopping.

Nevertheless, the Defendant neglected this and got knee part of the victim E who was knee in order to take a taxi on the sidewalk due to negligence of driving a taxi on the sidewalk.

Ultimately, the Defendant suffered approximately two weeks of medical treatment from the above occupational negligence, and the Defendant suffered knee knee knee knee knee and tension.

2. The burden of proving the facts charged in a criminal trial for judgment is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true enough to have no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2008Do4467 Decided July 24, 2008, etc.). Bodily, injury under the Criminal Act refers to a case where the completeness of body is damaged, and the function of life is hindered, or where the state of health is deteriorated. In short, injury under the Criminal Act refers to a case where the result of bodily harm is simply dangerous to life and body, or where the result of bodily harm cannot be assessed as “injury” under Article 257(1) of the Criminal Act does not need to be treated as an upper state, and where it is difficult to deem that the health condition was infringed, it constitutes “injury” in occupational injury.

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