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(영문) 창원지방법원 2019.05.03 2019고정55
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 engaging in driving a rocketing car.

On November 9, 2018, the Defendant was driving the said car at around 23:07, and came to cross the sidewalk connecting the parking lot and the roadway in order to enter it from the “D” restaurant parking lot in Kimhae-si, Kimhae-si, to enter the roadway.

The driver of any motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk and prevent the passage of pedestrians after checking the front, rear and right and the right and the right.

Nevertheless, the Defendant neglected to perform such duty of care and was negligent in blinding the reported on the left side of the Defendant’s running vehicle and received the left side of the victim E (the 18-year-old) and the left side part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the right-hand sponsed salt spons that need to be treated for about two weeks.

Summary of Evidence

1. Legal statement of witness E;

1. The police statement concerning F;

1. The actual condition survey report;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes in Chapter 1 of CCTV recording video CDs in an accident site;

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

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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