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(영문) 서울동부지방법원 2014.10.02 2014고단2364
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor bicycle.

On July 21, 2014, the Defendant driven the above motorcycle around 08:10 on July 21, 2014, and proceeded with the sidewalk 187 in the same way as Seongdong-gu Seoul, Seongdong-gu, Seoul at a sular speed from the military direction to the sular distance.

Since there is a sidewalk, the driver has a duty of care to safely drive the vehicle on the road that is divided into a sidewalk and a roadway, such as checking whether there is a person who is in the front side and the left side.

Nevertheless, the Defendant neglected to do so and got the victim D (the age of 57) on the front side of the motorcycle by taking the bridge of the victim D (the age of 57) who was faced with the sidewalk due to the negligent negligence going beyond the direction of the motorcycle.

As a result, the Defendant suffered approximately 12 weeks of the above occupational negligence from the 12-day pressure frame, scopic scopical scopher, and scopical scophers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents, investigation reports and investigation reports;

1. Statement on occurrence, actual condition, and supplement statement of D traffic accidents;

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an accident that occurred due to shocking the victim who was faced with the vehicle before the vehicle was in operation on the sidewalk for the reason that the vehicle is in a critical mind, and the victim suffered serious injury for about 12 weeks in need of medical treatment due to the pressure of the first pressure. The defendant committed the crime, committed the crime, and divided his mistake, and the victim made an agreement by paying five million won to the victim.

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