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(영문) 대구지방법원 2020.01.16 2019고단5522
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a soldier belonging to B, who is engaged in driving of the electric kickboard.

On July 6, 2019, at around 09:50, the Defendant driven the electric kickboard, and proceeded with a bicycle road near the Daegu-gu C hotel at a knife distance from the south-gu office, south-gu.

At the time, a bicycle road was installed on the front side of the Defendant’s driving direction, so a person engaged in the operation of the electric kickboard driver had an occupational duty of care to not drive the electric kickboard after the completion of the bicycle road. However, the Defendant neglected to do so and did not neglect to do so, thereby driving the electric kickboard on the right side of the victim D (e.g., the 7 years old) who was on the part of the Defendant’s negligence when driving the electric kickboard on the part of the driver, who was on the above reported.

The Defendant suffered an injury to the victim due to such occupational negligence, such as the blood felball on the left-hand side, the left-hand fladumum fe, etc., which requires approximately ten weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An accident scene photograph;

1. The actual survey report on traffic accidents;

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

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

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act on the confinement in the workhouse was that the Defendant caused an accident while taking over the electric kick, and the injury suffered by the victim is serious.

The defendant recognizes his own crime and is against himself, and the victim does not want to punish the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same type as the order.

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