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(영문) 대구지방법원 서부지원 2018.01.09 2017고정556
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a driver of the rash car B.

On May 24, 2017, the Defendant driven the above car at around 09:35, and moved back to the road from the agricultural parking lot for the livestock industry, which was achieved in the 2nd, Seowon-gu, Seowon-gu, Seowon-gu, Daegu-gu.

Since there was a sidewalk between the parking lot and the road, there was a duty of care to temporarily stop immediately before crossing the sidewalk to the person engaged in driving service and to safely cross the road so as not to obstruct the passage of pedestrians after examining the left side and the right side.

Nevertheless, the Defendant neglected this and got the victim C (the age of 84) who was walking a sidewalk due to negligence, and got the victim C (the age of 84) back to the left side of the said car.

As a result, the Defendant suffered from the above occupational negligence that requires approximately four weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident (including an on-site photo), a survey report on actual condition, and a medical certificate;

1. Relevant 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, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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