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(영문) 서울서부지방법원 2019.10.10 2019고단2779
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of seven 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 Brenren car.

On May 27, 2019, the Defendant driven the above car on May 10, 2019, and proceeded the front side road of Mapo-gu Seoul Metropolitan Government C in the direction of the new village from the seat of the D intersection to the new village, and became a right-hand by the direction of the new village distance.

In this place, the crosswalk has been installed at the front, so the person engaged in driving service has a duty of care to properly handle the steering direction and brake system and prevent the accident by properly manipulating it.

Nevertheless, when the defendant neglected to do so and proceeded on the right side by negligence, the victim E (0 years of age) who was walking on the right side was shocked by the driver in front of the car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which caused about 14 weeks of medical treatment, to the right side of the abandonment, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Medical certificates (E);

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV images-faging photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [unfair circumstances] The defendant caused an injury by shocking the victim walking along the crosswalk because he/she neglected his/her duty of care in safe driving while driving his/her motor vehicle as stated in the judgment, and the liability for the crime is not somewhat minor.

The degree of injury of the victim is relatively heavy.

[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.

The elderly victim seems to have partly affected the expansion of the damage.

Vehicles driven by the defendant shall be.

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