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(영문) 서울중앙지방법원 2013.09.03 2013고정2976
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 09:00 on March 5, 2013, the Defendant was driving a Haweg-3 freezing Haweg-2, which was parked on the front report of the Haweg-2, Seocho-gu Seoul, Seocho-gu, Seoul, with a speed of about 10km per hour.

Since the place had a sidewalk for pedestrian traffic, in such a case, there was a duty of care to drive a person who is engaged in driving service with due care as to whether there was a pedestrian who sees the front and rear left and passed the sidewalk.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 80) who was parked on the sidewalk and passed the sidewalk on the rear side of the foregoing cargo vehicle and did not go beyond the victim due to the negligence that was left behind.

Ultimately, the Defendant suffered injury to the victim, such as pressure duplicating 1, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A medical certificate;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Dangerous vehicles and on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (grounds for failure to submit a victim's statement);

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

1. Articles 70 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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