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(영문) 서울북부지방법원 2019.10.16 2019고정821
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 Alti vehicle B.

On March 18, 2019, the Defendant driven the above vehicle on March 18, 2019, and passed the sidewalk in order to park in front of the Dac shop in front of the direction of the proceeding while driving the two-lane road divided into the front sidewalk and the roadway of Seongbuk-gu Seoul Metropolitan Government.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by temporarily stopping the vehicle immediately before crossing the sidewalk, so as not to obstruct the passage of pedestrians after examining the left and right.

Nevertheless, the Defendant neglected this and got the victim to go up to the ground floor by shocking the lower part of the victim E (the 44 years of age, female) who was flocked along the sidewalk due to the negligence of passing the sidewalk.

As a result, the defendant suffered from occupational negligence the injury that the victim suffers from the heart of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Opinions and medical certificates;

1. Bluices, video photographs and photographs of accident places;

1. A traffic accident report;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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