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(영문) 춘천지방법원 속초지원 2012.11.29 2012고단271
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving B truck. On September 4, 2012, the Defendant: (a) was driving the instant truck parked in front of the building that was parked in early early early early early early early early early early at early at early at early at early at early at early at early at early at early at early at early on September 11, 2012, and was driving a sidewalk in order to drive on the road; (b) in such a case, the Defendant, who is engaged in driving business, was frequently driving the sidewalk, and was obliged to temporarily stop the vehicle immediately before crossing the sidewalk and temporarily cross the sidewalk so as not to obstruct pedestrians’ passage; and (c) the Defendant did not discover the victim C (n, 73 years old) (n, 73 years old) with the rear part of the said truck drivened by the Defendant, and did not receive the victim with the rear part of the said truck, resulting in the Defendant’s injury to the victim, such as bad weather, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the de facto survey report, photographs, C Preparation Report, and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Although the degree of injury of a victim for sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order is minor, it is not likely that the victim had more serious injury than the degree of accident as an old age; the defendant committed the instant crime by negligence but the degree of negligence does not seem to be relatively heavy; the defendant's vehicle is covered by a comprehensive insurance and thus, it appears that the insurance treatment for the victim was conducted; further, the defendant paid 3 million won to the victim and agreed by paying 3 million won to the victim while putting his error in depth.

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