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(영문) 서울중앙지방법원 2014.10.29 2013고정398
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 who is engaged in driving a third party vehicle.

On July 20, 2012, the Defendant driven the above car on July 11, 2011:0, and led to the front of the road in front of the Seocho-gu Seoul Seocho-gu, Seoul to the front of the 75-3 sub-leap building from the front side of the street teacher.

There was a duty of care to proceed only in one direction to a person engaged in driving service as a designated place as a one-way road.

Nevertheless, by negligence, the defendant neglected this and led the above one-way road to a reverse direction, when the defendant is proceeding, the victim's bicycle front portion of the victim D (the age of 11) who was getting a bicycle from the right side to the left side of the crosswalk was shocked toward the right side of the driver's vehicle, and let the victim go beyond the ground.

The Defendant, by these occupational negligence, suffered damage to the care of the victim in the right sleak section, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of traffic accident reports, traffic accident occurrence reports, bicycle photographs, suspect vehicle photographs-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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