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(영문) 수원지방법원 성남지원 2012.11.29 2012고단1671
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On July 16, 2012, the Defendant driven a B motorcycle on July 20, 2012, and driven the front road of 3202, Taenam-si, Taenam-si, Taenam-si, at the direction of the light elementary school, at an aesthetic speed from the direction of the light elementary school.

The driver of a motor vehicle has a duty of care to check the safety of the course of the motor vehicle while living well on the front side and the left side.

Nevertheless, the defendant neglected this and failed to move the victim C (at 22 years old) who illegally crossed from the right side of the road to the left side, and did not move the victim C (at 22 years old) due to the negligence of finding it late, and let the defendant go beyond the road after receiving the victim completely.

Ultimately, the Defendant caused the injury to the victim by occupational negligence in terms of the boness and boness of the left-hand boness requiring medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order reflects the defendant, the primary offender, and the victim crosses without permission.

The punishment shall be determined by taking into consideration the fact of negligence caused by an accident, the fact that the defendant deposited 1,530,00 won for the victim, the character and conduct of the defendant, family environment, attitude after the crime, etc.

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