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(영문) 수원지방법원 안산지원 2015.05.28 2015고단720
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a B-2 cargo vehicle owned by the Defendant.

At around 10:00 on December 10, 2014, the Defendant turned down the front report of “D” in “D” in “B” in “B” in “B” in “B” in the lower bank distance, from the lower bank.

Since there is a place where a sidewalk for pedestrian traffic has been installed, a person engaged in driving service has a duty of care to refrain from operating a sidewalk.

Nevertheless, the victim E (M, 73 years old) who was in front of the above vehicle due to the negligence of operating the vehicle after entering the sidewalk to get off the vehicle with neglect of doing so. The victim E (M, 73 years old) was placed in front of the above vehicle.

Due to the above occupational negligence of the defendant, the victim E (V, 73 years of age) suffered from the injury, such as the mouths at the bottom of the aggregate requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident places;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant accident for the reason of sentencing of Article 334(1) of the Provisional Payment Order is significant; the location of the instant accident is reported; the defendant's negligence in the occurrence of the instant accident; the defendant's awareness of and reflects against his criminal act; the defendant's representative after the occurrence of the instant accident; the defendant's agreement with the victim (victim) through the insurance company as the representative after the occurrence of the instant accident; the defendant has no criminal power except for the punishment of KRW 300,000,000,000 has been sentenced to a fine in 193; the defendant's age, environment, and after the commission of the crime

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