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(영문) 대전지방법원 천안지원 2017.11.30 2017고정627
과실치상
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

On February 14, 2017, the Defendant got a scooters for medical use in the five-day traditional hot spring station located in 1496, as it was, from the Asan City hot spring on February 14, 2017.

Since there are many pedestrians, a person driving a scooter for medical use has a duty of care to stop before and after the time when they are faced with pedestrians.

Nevertheless, the Defendant neglected to do so and failed to avoid the victim C ( South, 80 years of age) who was frighting in the vicinity of a scooters, and was placed in the scooter before driving the Defendant with the left side part of the scooter before driving the Defendant, and caused the victim to suffer injury, such as a scood scood on the left side of the left scood in need of approximately 6 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written statement on the occurrence of a traffic accident (E);

1. A report on the occurrence of a traffic accident, a photograph at the scene of the accident, a camera at the accident, and a photograph of CCTV images taken;

1. Reports on internal investigation (specific person under suspicion), electric scooters photographs of the same scooters and photographs of the suspect;

1. Medical certificate [In full view of the fact-finding situation in which D’s witness D consistently states from this court to this court (C’s sound prior to driving of the Defendant, she exceeded C’s new attack under the wheels prior to driving of the Defendant), C’s act of recording the Defendant’s criminal facts can be acknowledged as having the same effect as the Defendant’s criminal facts indicated]

Application of Statutes

1. Relevant Article 266 (1) of the Criminal Act and Article 266 (1) of the Criminal Act concerning the crime.

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background of the instant crime, degree of injury to the victim, attitude taken by the Defendant in an investigative agency and this court, the health status and property status of the Defendant, and records of criminal punishment of the Defendant.

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