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(영문) 서울북부지방법원 2018.06.14 2017고단5271
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 the operation of B Lastren motor vehicles.

On September 28, 2017, the Defendant driven the above vehicle around 11:05, while driving the three-lane road in front of the Seoul Southern-gu Seoul Northern-do, along three-lanes from a similar distance to the office distance of the Gangseo-gu, Seoul, and had the Defendant cross the sidewalk to enter the “D” parking lot.

At the same time, there was a victim E (the age of 23) who was fastening the string on the sidewalk at the same time, so there was a duty of care to prevent accidents in advance by checking the fact that a person engaged in driving of a motor vehicle is not a pedestrian who temporarily stops and drives the motor vehicle.

Nevertheless, the defendant neglected this and got the victim to go beyond the front part of the above vehicle due to the negligence of crossing the sidewalk as it is, and continued to put the victim to the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand majority of the executives who need approximately 14 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to black stuffs video (ROMs);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of fines;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel had temporarily stopped before crossing the sidewalk, and entered the sidewalk. However, it is close that it is impossible for the Defendant to detect the victim on the wind that the victim was seated at the time to fasten the string of the sidewalk, and there is no negligence on the part of the Defendant.

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