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(영문) 서울북부지방법원 2018.04.26 2018고단577
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

At around 12:50 on May 10, 2017, the Defendant continued to park CM5 cars on the front of the 42 new bank response point in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

At the time, there was a sidewalk, so in such a case, there was a duty of care to temporarily stop on the left-hand side and the right-hand side before driving a sidewalk to prevent pedestrians from impeding the passage of pedestrians.

Nevertheless, the Defendant neglected the direction of the vehicle without considering the direction of the vehicle, and received the victim D (75 tax) who walked on the sidewalk as the back part of the said vehicle by negligence.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the upper half of the left-hand body and the upper half of the mouth in need of approximately 13 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following factors: (a) the gravity of sufficient negligence on the part of the victim who passed the sidewalk during the period of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the degree of injury of the victim is not less than that of the victim; (c) the purchase of liability insurance; (d) the agreement with the victim; and (e) the reflection; and

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