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(영문) 서울중앙지방법원 2018.04.11 2017고단8408
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car known to C.

On October 31, 2017, the defendant operated the above car at around 09:45, and came to cross the sidewalk installed between the above parking lot and the roadway in order to enter the above D D parking lot at the Gangnam-gu Seoul Metropolitan Government D parking lot.

In such cases, a person engaged in driving a motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk so as not to obstruct the passage of pedestrians after examining the left-hand side and the right-hand side, etc.

Nevertheless, when the defendant neglected this, he did not discover the victim E (at 72 years of age) who was standing the above sidewalk on the rear side of the vehicle behind the defendant's vehicle at the time of the defendant's failure to cross the sidewalk, and had the victim go beyond the right side of the victim with the back part of the vehicle of the defendant's vehicle.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the upper end of the upper end, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident situation photograph;

1. A written statement on the occurrence of each traffic accident;

1. Blue boxes and CCTV photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection fine of punishment (including the fact that a crime is recognized and reflected, and comprehensive motor vehicle insurance is subscribed to and agreed with the victim, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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