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(영문) 서울동부지방법원 2015.12.11 2015고정1897
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 a rocketing car.

On September 3, 2015, the defendant entered a road that is divided into front sidewalk and roadway in Songpa-gu Seoul, Songpa-gu, Seoul, to a building parking lot, and proceeded back to the sidewalk in the direction of private distance in order to park the above vehicle.

In this case, there was a duty of care to prevent accidents in advance by temporarily suspending a vehicle to a person engaged in driving service immediately before crossing the sidewalk, or by checking the left and the right before driving the sidewalk, so as not to obstruct the passage of pedestrians.

Nevertheless, the Defendant neglected to report and received the back side part of the victim D (year 61) which was reported on the sidewalk due to the negligence of failing to do so at an indefinite speed, and received the back part of the victim D (year 61).

As a result, the Defendant suffered injury to the victim, such as the vertebrate No. 4-5 Hack, which requires treatment for about four weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident places;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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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