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(영문) 창원지방법원 거창지원 2015.12.23 2015고정89
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving vehicles B.

On July 1, 2015, at around 08:40, the Defendant parked the said vehicle in front of the D cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul.

Since there is a road with a central line, the driver of the vehicle parked in this place has a duty of care to ensure that the driver of the vehicle is well aware of the vehicle following the vehicle before unloading from the vehicle, and that the vehicle has a duty of care to open the door of the vehicle in a safe way to prevent the accident from spreading.

Nevertheless, the Defendant neglected to do so by negligence, and caused the front part of the victim E (the age of 65) driving that was going behind the Defendant’s vehicle located behind the Defendant’s vehicle at the time, with the front part of the Defendant’s vehicle’s driver’s seat.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as galivium and open room around snow, which require approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Reports on the occurrence of a traffic accident, records and photographs of the traffic accident, and reports on the traffic accident;

1. Application of Acts and subordinate statutes of the general medical certificate;

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

1. Selection of fines;

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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