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(영문) 서울중앙지방법원 2020.04.08 2020고단1152
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On November 29, 2019, the Defendant driven the above car at around 17:59, and continued the front path of the D Childcare Center in Jung-gu Seoul Special Metropolitan City to the seat of the new Dong-dong community service center at the seat of the Private School Security Center.

Since there was one-way traffic on which no entry into the road was marked, the driver of the motor vehicle had a duty of care to live well on the front side and the left side of the motor vehicle and not enter the motor vehicle as one-way traffic according to the traffic safety facility sign or signal instruction.

Nevertheless, the Defendant neglected this and caused the shoulder part of the victim G (Woo, 89 years old, and female), which was left left at the left end of the road, to go beyond the ground by shocking the Defendant’s car driving seat even with the Defendant’s car driving seat, in violation of the safety signs indicating the prohibition of traffic.

Ultimately, the Defendant suffered injury to the victim, such as the closure of spine bones No. 1 and No. 3, which require approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of the traffic accident situation statement, diagnostic certificate, accident site photograph, and traffic accident video recording CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the one-way traffic road, thereby causing bodily injury to the victim, and that the degree of injury suffered by the victim is serious, etc. that are disadvantageous to the defendant.

However, the defendant reflects his fault and agrees with the victim.

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