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(영문) 서울서부지방법원 2015.04.23 2015고정263
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On January 5, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Do Government District Court on January 5, 2015, and the said judgment became final and conclusive on April 4, 2015.

On July 27, 2014, the Defendant driven BMW C650GT 20, B00:30, B647,000, and proceeded to the speed that the Defendant could not know about the direction of the sea-ston hotel from the side of the green square distance to the 4th-gu, Yongsan-gu, Seoul.

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

Nevertheless, the defendant neglected to enter the sidewalk and negligently driven the sidewalk, thereby getting off the part of the victim C's arms, etc. coming from the stairs of the right-hand part of the road running in the direction of theme and coming up the sidewalk, and received the parts of the victim C from the right-hand side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as external suffering from injury to the victim, which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Previous convictions in judgment: Application of each of the court rulings, Konet case search statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and 3 (9) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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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