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(영문) 서울북부지방법원 2015.11.24 2015고정1388
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On December 31, 2014, the Defendant driving the above cargo vehicle around 20:40, and proceeded one-lane of the road in front of the Han Bank in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, as a private house, from the 122-lane away from the sloping distance.

At this place, the crosswalk was installed on the front door, so it was a duty of care to check whether a person engaged in driving service is a person who well sees the front door and the right and the right and the right and the right and the right.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected it, and received the right-hand wheels of the victim C (the 11-year old age), which was the left-hand side of the Defendant’s running direction, with the right-hand side of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s negligence in the course of performing the above duties, “assumptive damage” which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine);

1. Articles 70 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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