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(영문) 서울북부지방법원 2020.01.08 2019고정1691
교통사고처리특례법위반(치상)
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

The defendant is a person who is engaged in driving a B-man car.

around 08:20 on September 5, 2019, the Defendant operated a sidewalk to enter the lower-dong road from the lower-dong parking lot adjacent to the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, to the lower-dong parking lot.

Since the place has a sidewalk separated from the roadway for pedestrians' passage, in this case, the driver of the vehicle has a duty of care to check whether there is a pedestrian at the time of reporting, and to drive safely.

Nevertheless, the Defendant neglected such duty of care and went to the right edge of the car in order to cut off the sidewalk by negligence in the course of business, which led the sidewalk to enter the road immediately from the parking lot, the Defendant served the victim D (W, 57 years old) who was waiting on the sidewalk to the right edge of the vehicle.

The Defendant suffered injury to the victim of the instant occupational negligence, such as the outbreak of trees and the impairment of the reputation of the proposal, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Application of Acts and subordinate statutes governing evidence photographs;

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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