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(영문) 창원지방법원 마산지원 2021.02.05 2020고단1222
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B On October 14, 2020, the Defendant, who is engaged in driving a e-sports car, was driving the said car at around 17:25 on October 14, 2020, and entered the D parking lot located in the Changwon-si Member C of Muwon-si.

Since the above parking lot and the road have a sidewalk for pedestrian traffic, there was a duty of care to temporarily stop immediately before crossing the sidewalk to a person engaged in driving a motor vehicle, and to cross the road so as not to obstruct pedestrian traffic after examining the left side and the right side.

Nevertheless, the Defendant neglected to stop and did not temporarily stop the sidewalk, and by the negligence crossing the sidewalk, received the part on the right side of the victim E (the 8-year-old age) (the right side of the said vehicle) who had been on the right side from the left side of the said vehicle.

As a result, the Defendant suffered injury, such as cutting the body at the bottom of the Bridge, which was accompanied by a non-alleys that require approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition, an accident site photograph, a driver’s fluore photograph of the vehicles boomed, and a diagnosis report;

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

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

1. The prosecutor’s opinion on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act: Imprisonment with prison labor for a period of six months: A fine of three million won was imposed on the defendant.

However, the defendant makes a statement recognizing the facts of crime.

There is no criminal history exceeding a fine, and there was an agreement with the victim.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.

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