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(영문) 서울중앙지방법원 2015.04.29 2015고단1860
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 27, 2014, at around 10:30 on December 27, 2014, the Defendant driven a new-arter vehicle B and passed the sidewalk to enter the parking lot located front of the D Hospital located in Jung-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 to pass the sidewalk and stopped according to the direction of the parking personnel of the D Hospital, and then opened a sudden door in order for children of the defendant who was on board the flag to get off the vehicle on the flag, and shocked the left-hand bridge of the victim E (58 years old, n, n) who was walking along the sidewalk to get off the vehicle on the flag.

As a result, the defendant suffered by negligence in the course of performing his duties the victim's treatment for about 2 weeks, and the part of the bridge that is not known.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. A written statement on the occurrence of a traffic accident;

1. Investigation report (on-site confirmation and investigation of accident situations);

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs and diagnosis reports of damaged parts;

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

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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