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(영문) 서울중앙지방법원 2020.09.08 2020고단3342
과실치상
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant belongs to B, and the victim C (n, 49 years old) is a member of the D Zone and the victim E (24 years old) is a member of the D Zone Rebuilding Measures Committee.

On February 3, 2020, while driving a vehicle of H in front of G located in Gangnam-gu Seoul Metropolitan Government on February 12:17, 2020, the Defendant: (a) while driving the vehicle of H in front of G in Gangnam-gu, the victims were holding a table on the road, and (b) held an assembly thereafter, and accordingly, the victims were obliged to pay due attention when operating the vehicle, despite the duty to pay due attention to the left, the Defendant neglected the duty of due care, and concealed the table table in which they were located, and caused the occurrence of the victims.

As a result, the Defendant did not take the front side while driving a vehicle, thereby resulting in injury to the victims, such as scambry, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. The police suspect interrogation protocol on the defendant's partial statement;

1. The application of the Act and subordinate statutes to the written statement written by the police statement E, medical records, CCTV images, and closure photographs of each investigation report (a defendant, although he/she was using a tables at his/her own negligence, there is no fact that the victims are different, but considering the victim's statement, the victim's diagnosis report, photographic image, and the attitude of the victims immediately after the accident, etc., it can be acknowledged that the victim was shocked with the table table, and that the victim was shocked, and that the victim was confisced due to the occurrence of the accident)

1. Article 266 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are the primary criminal defendant, the victims' injury is not serious, and the motive, means, and consequence of the instant crime.

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