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(영문) 서울동부지방법원 2020.10.13 2020고정591
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car free car.

Around 1:50 on February 20, 2020, the Defendant driven the above car, thereby driving the front road of Seongdong-gu Seoul Metropolitan Government in the direction of the long distance from the Gun guard.

Since there is a narrow width that does not distinguish between a roadway and a sidewalk, in such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by reducing speed and accurately operating steering devices and brakes in the same direction. In particular, the driver of a motor vehicle has a duty of care to prevent accidents in advance by focusing on the safety of pedestrians who walk on the same direction.

Nevertheless, the Defendant neglected to drive the vehicle while driving it on the right side of the victim D (the age of 49) who was coming from the front side of the same direction, and received the parts of the victim D (the age of 49) from the right side of the said car.

Ultimately, the Defendant suffered, due to the above occupational negligence, the victim suffered approximately two weeks of medical treatment, such as the following arms and the part of unknown details.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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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