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(영문) 서울북부지방법원 2016.12.21 2016고정2197
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle in Frash.

On August 14, 2016, the Defendant driven the above vehicle at around 08:45 on August 14, 2016, and operated the sidewalk in order to enter the sidewalk on the right side in the direction of the Seongbuk-gu Residents' Center of Seongbuk-gu, Seoul, along the four-lanes between the front sidewalk and the roadway of Seongbuk-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction, brake system, etc. on the road that is divided into a sidewalk and a roadway.

Nevertheless, the Defendant neglected this and went on the front of the driving vehicle of the Defendant, by negligence that entered the sidewalk on the right side of way from the fourth-lane to the sidewalk on the right side of way. In addition, the victim H (W, 42 years old), who was on the sidewalk, was shocked by the fronter of the driving vehicle of the Defendant.

As a result, the Defendant suffered injury, such as scarcity and pathum, from the victim’s occupational negligence, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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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