(영문) 서울동부지방법원 2019.02.12 2018고정1167

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(영문) 서울동부지방법원 2019.02.12 2018고정1167

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

On March 29, 2018, the Defendant driven the above vehicle at around 11:30, and continued to run the D market on the parking lot located in Gangdong-gu Seoul Metropolitan Government C.

In such cases, there was a duty of care to safely drive a vehicle, such as checking whether a person engaged in driving of a motor vehicle is driving a motor vehicle by checking the front side and the left side.

Nevertheless, the Defendant neglected to do so and went into operation on the part of the victim F (52 years of age, n, n)’s Galma vehicle driver’s seat on the part of the victim F (52 years of age, n) who was going into operation on the side of D market due to occupational negligence, received the front part of the Defendant’s vehicle.

As a result, the Defendant suffered multiple diversous salt in need of treatment for about two weeks from the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes concerning the scene photographs, diagnostic records, and black stuffs images;

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

1. Articles 70(1) and 69(2) of the Criminal Act for the Attraction of the Nowon Station: (a) the Defendant and his defense counsel asserted that there was no negligence on the Defendant since the instant accident occurred because the victim’s vehicle passed away by the opening, etc. of the vehicle in the speed of the Defendant. The following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, ① according to the evidence duly adopted and examined by the Defendant, the Defendant left a parking lot (from 6 seconds to 11 seconds), was stopped (from 11 seconds to 14 seconds), and the head of the vehicle of the victim while making a left-hand turn (from 14 seconds to 17 seconds), and they conflict with the victim’s vehicle (from 14 seconds to 17 seconds), and the Defendant appears to have a duty of care to confirm the front-hand of the Defendant coming off at the parking lot, and ② after the back, the Defendant was

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