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(영문) 인천지방법원 부천지원 2016.11.30 2016고정1324
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a deaf-mute who is engaged in driving of the Craba, pula, or cargo vehicle.

On September 6, 2016, the Defendant driven the above-mentioned vehicle on September 10, 2016, along the direction from the ridge to the direction of the sloping road. Since the place is where a sidewalk for pedestrian traffic is installed, the Defendant has a duty of care not to drive the vehicle on the sidewalk to the driver.

Nevertheless, the Defendant neglected to do so and got off the sidewalk on the right upper part of the victim E (the 54 years old, female), which was fright upper part of the sidewalk due to the negligence of the Defendant’s neglecting to do so, received the Defendant’s vehicle back to the rear part.

Ultimately, the Defendant suffered injury to the victim, such as salvinal dys, which requires approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on actual conditions, a traffic accident occurrence report, and a diagnosis report;

1. Application of each statute on photographs;

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

1. Article 11 and Article 55 (1) 6 of the Criminal Act for mitigation of deaf-mutes;

1. Articles 70 (1) 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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