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(영문) 서울서부지방법원 2020.06.16 2020고단688
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five 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 MaW10WH motorcycle.

On December 24, 2019, the Defendant driven the above motorcycle on December 18:38, 2019, and driven the front sidewalk of Mapo-gu Seoul, Mapo-gu, Seoul, at a speed unspeeded from D to D public morality distance.

Since there are reports installed on a road that is divided into a sidewalk and a roadway, the driver has a duty of care to check the front side, the left side, and the left side of the vehicle driving direction, and to prevent traffic accidents by driving on a roadway.

Nevertheless, the defendant did not properly see that the victim E (n, 48 years of age) who is a pedestrian in the direction of the sidewalk, is able to walk together with the dog in the direction of the sidewalk, and followed the opening with the front wheels of the above motorcycle, so that the victim exceeded the floor.

In the end, the Defendant suffered injury, such as cutting down or closing down of the boness that need approximately six weeks of medical treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident;

1. A report on investigation (Submission of a victim's statement and medical certificate);

1. Application of statutes on site photographs;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the victim suffered an injury that requires approximately six weeks of treatment is disadvantageous to the defendant.

On the other hand, the victim has not been punished against the defendant, and the defendant has no criminal records exceeding the same criminal records or fines.

In addition, time of the accident at the time of the accident.

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