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(영문) 수원지방법원 성남지원 2019.03.21 2019고정42
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who drives a motor bicycle B 100cc.

On September 26, 2018, the Defendant driven the above motorcycle around 13:50 on September 26, 2018, and proceeded with the front sidewalk of the D Pharmacy C in the Jung-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do, with the safe side of the Central Police Station in the E market.

Since there is a sidewalk for pedestrian traffic, in such cases, the defendant engaged in the driving of motor vehicles has a duty of care to refrain from operating on the sidewalk.

Nevertheless, without neglecting this, the part of the victim F, coming from the right-hand side of the time, was shocked with the part of the defendant's loss on the right-hand side of the vehicle.

The Defendant suffered from the Defendant’s occupational negligence that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. A written statement;

1. A medical certificate;

1. The actual condition survey report;

1. On-site photographs [In light of the above evidence, the victim suffered shock of the body to the degree that he/she would return back to the body, and it is recognized that he/she received medical treatment after receiving a diagnosis of cryp salt base at the hospital on the day of the accident, and considering the victim's gender, age, collision circumstance, and the situation before and after the accident, etc., the victim's injury is deemed to have been caused by the accident in this case, and it is sufficient to evaluate the victim as an injury under the Criminal Act];

1. In light of the relevant legal provisions on criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the degree of accident or injury is relatively minor, and the degree of accident or injury is relatively minor, Defendant vehicle is subscribed to liability insurance, and Defendant is the primary offender.

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