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(영문) 수원지방법원 2013.06.19 2013고단1573
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing vehicle.

On January 3, 2013, the Defendant driven the above vehicle on January 3, 2013, and proceeded at 60km in the speed of the Si, depending on the three-lane road near the Seocho-gu Seo-gu Seocheon Park Park Park, Seowon-dong, Seowon-dong, Seowon-gu, Seowon-si, with two-lanes from the boundary of the sperm.

At the time, there was a road surface and a sidewalk for pedestrian traffic on the right side of the road, so there was a duty of care to avoid reporting by reducing the speed and accurately manipulating the steering and brakes for drivers of motor vehicles.

Nevertheless, the defendant neglected this and proceeded without reducing speed, and caused the driver's vehicle to sleep the sidewalk, and caused the driver's negligence to slick the left side of the victim E (W, 16 years old) and the body part on the sidewalk in order to cut the crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as a ductal s, which require approximately 16 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Medical certificates and opinions;

1. A traffic accident report;

1. Application of statutes on the site and vehicle photographs;

1. Article 3 (1), the proviso to (2) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3 (1), the proviso to (9), Article 268 of the Criminal Act (Selection of a fine in consideration of the agreement with the victim, confession, reflectivity, the fact that the parents desire to find the defendant's wife, the primary offender, etc.);

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

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

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