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(영문) 대전지방법원 2013.10.23 2013고단3216
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On May 2, 2013, the Defendant driven the above car at around 14:10, and turned back the front report of the species convalescent hospital in the Dong-gu Daejeon-dong to a speed that would not be known to the public from the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to refrain from being operated by a sidewalk to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and received a part of the vehicle behind the vehicle driving by the Defendant, which was the left shoulder of the victim C (the age of 58) who was working for the miscellaneous removal from the sidewalk due to the negligence of driving the sidewalk.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the mouth, closure, etc. of an unknown father in detail, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate or an accident site photograph;

1. Application of Acts and subordinate statutes to the traffic accident report (1) (2) (on-site investigation report);

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of fines (the first offender, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, and the fact that the vehicle is reflected therein, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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