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(영문) 수원지방법원 2015.06.11 2015고단1120
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On January 16, 2015, at around 21:05, the Defendant was driving a car by driving the car, and was driving the car at the 438 Goi-gu mid-gu 2nd-gu Gapung-gu Gapung-gu 438, and entered the sidewalk.

A person engaged in driving of a motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk so that the left-hand side, the right-hand side, etc. are not obstructed by pedestrians, and to prevent accidents from occurring.

Nevertheless, the Defendant neglected to do so and entered the sidewalk, thereby leading the victim C(33 years of age) who was flocked in the reported reporting due to negligence, and led the victim C(33 years of age) to the flock, and the Defendant flocked against the car.

The Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as fluoral salt, which requires approximately two weeks of treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. All on-site photographs and photographs of the harming vehicles (B);

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

1. Article 3 (1) and 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. Selection of an alternative fine to impose a sentence (including the fact that the defendant is against the nature of the defendant, the fact that the damage is not serious, and the fact that the motor vehicle comprehensive insurance is subscribed);

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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