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(영문) 수원지방법원 성남지원 2019.06.11 2019고단345
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who is engaged in driving the B flag.

On October 25, 2018, the Defendant driven the above flag on October 25, 2018, and led the front side of Gwangju City C to proceed from the side of the Manpoba Police Station.

At that time, there was a narrow side road with a width without distinguishing the two lines. In such a case, a person engaged in driving of a mid-term flag has a duty of care to live well around the road so that he/she does not shock any person driving around the road, and to accurately operate the steering gear and the operation of the wheel and the operation system in a safe manner.

Nevertheless, the Defendant neglected to do so and proceeded with it, followed the victim E (the age of 64) who was walking in the same direction as the Defendant on the left side of the Defendant’s proceeding direction, and followed the two legs of the victim with the left rear wheels of the said during the foregoing season.

Ultimately, the Defendant suffered from a serious injury to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a traffic accident report (8 pages of an investigation record), each field photograph, a CCTV image photograph (26 pages of an investigation record), a vehicle photograph, a diagnostic certificate, and a gene assessment report;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act on the Grounds of guilty of the defendant's guilty, as stated in its reasoning, the defendant found the victim who was at the right edge of the running direction of the defendant while driving a while driving a key machine and driving it on the side side, and driving the key machine safely at a speed of 5 km/h and without shocking the victim, but the victim thereafter passed through without shocking the victim, on the ground that the above part of the key machine enters the right edge below the above term, the victim's double bridge is over the rear wheels.

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