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(영문) 서울중앙지방법원 2021.02.18 2020고단7397
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger car in B.

On June 25, 2020, the Defendant driven the above car at around 17:55 on June 25, 2020, and stops at the side-road intersection located in 34:18, Gangnam-gu Seoul, Seocho-gu, Seoul, as Gangnam-gu.

Since there is a side where India is adjacent, there was a duty of care to prevent accidents by properly manipulating the front and rear sides and operating the steering system of the motor vehicle and safely proceeding without reporting it.

Nevertheless, when the Defendant neglected to do so and did not accurately operate the steering direction and operation system, and did not accurately operate the steering direction and operation system, and did so rapidly, the Defendant received the victim C (e.g., 64 years old) who was faced with the rear sidewalk of the said vehicle, and went beyond the floor, and continued to put the victim D( South, 35 years old) who was going on the said report, and kid between the said vehicle and the wall.

As a result, the Defendant suffered, due to the above occupational negligence, the injury of the victim C, such as minculization and sculing, etc. in the left-hand part of the 12 weeks of treatment, and the injury of the victim D, such as the light sculling of the fel executive in need of approximately 10 weeks of treatment, and the left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A traffic accident report (1) a actual survey report;

1. Application of Acts and subordinate statutes to each medical certificate and each medical opinion;

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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the degree of injury of the victim for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is considerably significant, the defendant erred.

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