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(영문) 대구지방법원 2020.08.18 2020고단2689
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the operation of the Grand Cross Cargo Vehicle B.

On May 12, 2020, the Defendant driven the above vehicle on May 10, 2020, and was crossing the front sidewalk of the D Pharmacy in Daegu Suwon-gu C to enter the roadway from the side of the D Pharmacy.

Since there is a place where a sidewalk for pedestrian traffic is installed, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving of a motor vehicle is a pedestrian driving along the sidewalk, and by operating the steering system and brake system accurately and safely.

Nevertheless, when the defendant neglected this and proceeded without living well, the defendant got the victim E (year 73) walking on the left side from the right side of the running direction of the defendant's vehicle driving on the front part of the above vehicle and let the victim go beyond the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the frame at the bottom of both sides of the 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, closure photographs, and diagnostic

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Selection of fines for the application of the sentencing criteria and the sentencing criteria shall not apply.

2. Determination of sentence: Records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, etc.

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