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(영문) 서울남부지방법원 2020.05.29 2020고정385
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 motor bicycle B, the United Nations 125.

On May 5, 2019, the Defendant driven the above motorcycle on May 15, 2019, and continued the front sidewalk of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government C apartment commercial building on the front side of the new wind station from the sular bank.

The location is the part of a road that enables pedestrians to walk along by indicating the boundary due to curbstone lines, etc., and the person engaged in driving motor vehicles has a duty of care not to drive the sidewalk on the sidewalk.

Nevertheless, the defendant violated this and got the victim D(4) coming from the shop parking lot on the right side of the progress direction due to the negligence of entering the sidewalk and driving the sidewalk, and received the victim D(4) in front of the above motorcycle of the defendant.

Ultimately, the Defendant suffered from the above occupational negligence that caused the victim’s uncertainty of the closed details at the bottom of the left-hand aggregate in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of traffic accidents, and a report on the occurrence of traffic accidents;

1. A E-document;

1. Responses to cooperation, replys;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The place where the instant accident occurred is the front factory site (private site) set back by the Building Limit Line, and does not fall under the “report” under the Road Traffic Act.

2. Determination

(a) Roads under the Road Act, toll roads under the Toll Road Act, agricultural and fishery roads under the Act on the Maintenance and Improvement of Agricultural and Fishing Villages, and other places in which many and unspecified persons, or motor vehicles and horses can pass through;

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