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(영문) 서울남부지방법원 2021.03.31 2021고정34
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 B tower.

On October 2, 2020, the Defendant driven the above vehicle at around 17:10 on October 2, 2020, and stopped on the roadway in front of the D cafeteria located in Gangseo-gu Seoul Metropolitan Government, and disposed of goods in the cargo space.

The delivery and departure was made to the trading company.

In this case, a person engaged in driving service has a duty of care to correct and drive it well so as not to cause any accident against people due to the fact that even though the door of the cargo space in the train is opened, the driver had a duty of care to correct and drive it.

Nevertheless, as the Defendant neglected this, the part of the victim E’s right body part, which was faced with a horse by negligence, where the freight partitions of the said tower was opened, and the Defendant was also able to receive the freight partitions of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the right 4 and 5 cage cage cages, which require approximately four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A report on investigation into actual condition;

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

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

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

1. Circumstances that are favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Recognizing the error and reflects the fact that there is a comprehensive insurance coverage, and that there is no record of criminal punishment: The degree of injury suffered by the victim is not less minor: the above circumstances and the defendant’s age, sex, environment, and circumstances of crimes, etc. shall be determined as per the disposition, taking into account all the factors of sentencing.

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