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(영문) 수원지방법원 성남지원 2013.03.07 2013고정125
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On August 25, 2012, the Defendant is a person engaged in driving BM5 car, and around 08:50 on August 25, 2012, the Defendant was driving the said car, which led to a sudden speed to park on the side side road in the 2370-dong, Sungnam-gu, Sungnam-gu.

The driver of a motor vehicle has a duty of care to safely drive the motor vehicle after checking the front, rear, and left and right of the motor vehicle at the crosswalk where the crosswalk is installed.

Nevertheless, the defendant neglected to stand the crosswalk and the victim C (the age of 80) was not found to wear the crosswalk, and the defendant was forced to go beyond the road by shocking the victim with the back of the vehicle driven by the defendant due to the negligence.

Ultimately, the Defendant caused the victim to suffer from approximately six weeks of medical treatment due to occupational negligence, i.e., double-water reservoir and unstable pulverization.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of the actual condition survey report and photographs under the Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined in consideration of the fact that the defendant reflects the crime of this case, agrees with the victim, and has no record of the same kind of punishment.

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