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(영문) 서울남부지방법원 2017.11.17 2017고정531
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three 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 Csch Rexton car.

On September 28, 2016, the Defendant driven the above car at around 13:52 on September 28, 2016, and led the housing to be parked on the back road of Yeongdeungpo-gu Seoul Metropolitan Government.

Since there are many houses for pedestrians' passage nearby, the driver of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly performing the duty of care in front and rear.

Nevertheless, the defendant neglected to do so without permission and shocked the side of the victim D (the age of 62) who walked on the road behind the direction of the defendant's proceeding by negligence, with the rear part of the vehicle under the age of 62.

As a result, the Defendant suffered injury to the victim, such as knenee bones, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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