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(영문) 서울중앙지방법원 2019.01.23 2018고정2707
교통사고처리특례법위반(치상)
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

The defendant is a person driving a two-wheeled automobile as a driver of the TRICITY 125A.

around 21:05 on October 5, 2018, the Defendant driven the above two-wheeled automobile, and led Gangnam-gu Seoul Metropolitan Government C and the front alley path to go toward the direction of bankruptcy at the D convenience point.

Since there is a one-way road on which entry prohibition is marked, the driver of the motor vehicle, etc. has a duty of care to ensure that the driver of the motor vehicle, etc. does not enter the one-way road according to the traffic safety facility sign or the signal direction and safely drive it.

Nevertheless, the defendant neglected this and caused the chest part of the victim E (the age of 58) who was walking along the road on the opposite direction due to the negligence of driving a one-way road on the side of the defendant's two-wheeled vehicle. The defendant shocked the part of the victim F (the age of 53) who was walking on the side of the victim's side while being pushed by the victim due to the shock, and faced with the victim F (the age of 53) who was walking on the side of the victim

Ultimately, the Defendant suffered injury to the victim E by negligence in the above business, such as a scarcity scarke, and a scarke, which requires approximately two weeks of treatment to the victim F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A traffic accident report;

1. Investigation report (in relation to the submission of the E diagnosis report), investigation report (in relation to the submission of the F diagnosis report);

1. Application of CCTV-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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