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(영문) 서울중앙지방법원 2019.10.10 2019고단4974
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On March 9, 2019, the Defendant driven the above truck on March 06:54, and started driving it on the road safety zone under the direction of the opening, which is located on July 7th, 2082-25, the Southern-gu Seoul Special Metropolitan City Southern-ro.

In this case, there was a duty of care to prevent accidents in advance by complying with the vehicle line without entering the safety zone, because the yellow solid line with the prohibition of passage was marked on the floor.

Nevertheless, the defendant neglected to enter the above safety zone and got the part of the right side of the victim C(74 years old) on the left side of the driving direction of the truck drivened by the defendant due to the negligence of entering the above safety zone and going beyond the ground.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the mouth of the right pelpel and the mouth of the pelvis, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of 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. In this case, the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the background of the accident, the degree of occupational negligence of the defendant, the degree of injury of the victim, the vehicle of the defendant was covered by the comprehensive automobile insurance, the victim does not want the punishment of the defendant, the defendant does not have the same criminal records, and the defendant is divided.

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