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(영문) 서울중앙지방법원 2016.03.23 2015고정4279
교통사고처리특례법위반
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Defendant shall be punished by a fine of one million won.

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 who drives B 125cc Oba as his duties.

On August 17, 2015, the Defendant driven the off-to-face 20:50 on August 17, 2015, and proceeded with the front report No. 2 in Jung-gu, Seoul, Jung-gu, Jung-gu, and the front report No. 6 in the 200-gu, Jung-gu, Jung-gu, Seoul, to the middle-to-low household complex.

In such cases, the defendant engaged in driving service has a duty of care to refrain from driving on the sidewalk because it is a place where a sidewalk for pedestrian traffic has been installed.

Nevertheless, the defendant neglected to enter the sidewalk and caused the victim E (20) (20) who was trying to avoid this error to walk on the left side of the victim C(19) and the part of the victim D(21 tax) on the left side of the victim D(21 tax).

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim C, such as the elbow part of the arms that requires approximately two weeks of treatment, injury to the victim D such as pelum selbow in need of approximately two weeks of treatment, injury to the victim D, and injury to the victim E, such as the bel part of the bel part requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident under D, C, and E;

1. A photograph of the vehicle taken by the injured person;

1. Side photographs of an injury inflicted on the victim;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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