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(영문) 서울중앙지방법원 2014.07.11 2014고단2221
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 DM7 car.

On January 23, 2014, the Defendant driven the above vehicle at around 15:20 on January 23, 2014, and got back the sidewalk to enter the room from the front parking lot of one bank located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government.

Since there is a lot of reports divided into seats for pedestrians' passage, there was a duty of care to check whether a person engaged in driving service has no pedestrian traffic by temporarily stopping and safely proceeding.

Nevertheless, the Defendant neglected to do so and passed after reporting about about 10 km per hour, caused the victim E (the 77-year-old) to go beyond the ground by shocking the front left side of the vehicle of the Defendant, who was waiting for the pedestrian signal on the sidewalk, with the front side of the vehicle of the victim, and followed the left side of the victim with the front wheels.

As a result, the Defendant suffered injury to the victim, such as the left-hand alley, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a selective fine (such as the first offender, the fact that the victim does not want the punishment of the defendant by mutual consent with the victim, the fact that the vehicle has purchased a comprehensive insurance policy, and the fact that the victim has committed an offense against himself/herself in depth while making a confession);

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

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