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(영문) 인천지방법원 2020.09.23 2020고단5660
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 6 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 Bchip car.

around 15:17 on May 2, 2020, the Defendant was driving the said car parked on the front of the Incheon Gyeyang-gu Incheon Metropolitan City Dadong to enter the road.

Since there is a place where a sidewalk for pedestrian traffic has been installed, not only a person engaged in driving service but also a duty of care to protect pedestrians who are walking on the sidewalk.

Nevertheless, the Defendant neglected this and caused the victim E (the age of 80) who was on a sidewalk to cut off the crosswalk due to the negligence of the Defendant.

As a result, the Defendant suffered injury, such as a frighttering of a frightter, which requires approximately 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; Article 268 of the Criminal Act; and the selection of fines [Consideration of the contents and circumstances of the instant crime, the degree of damage, the comprehensive insurance for Defendant’s vehicles, and the agreement with the victim];

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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