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(영문) 수원지방법원 성남지원 2017.06.29 2017고단1113

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On March 18, 2017, at around 17:50, the Defendant proceeded at a speed from the side of the welfare center for the first time to the beginning of the first half of the 19-day electric lighting, the (ju), located in the 93-lane of the Seocho-gu Seoul Special Metropolitan City.

At this point, since the central line was one-lane road, the driver of the motor vehicle has a duty of care to reduce the speed and to safely drive the road by checking well the right and the right.

Nevertheless, the Defendant neglected this and got the front wheels part of the D Large CA 110 Obaon, which was driven by the injured party C (the age of 48) who was running in the opposite direction due to the negligence committed by the central line in order to overtake the previous vehicle, received the front wheels part of the Defendant’s car driving in front of the left-hand part of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of the pelpelel, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reporting of a traffic accident (1) (2);

1. Medical certificate (C);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the selection of fines (such as the fact that the defendant is against his/her gender, the fact that the defendant has agreed with the victim, and the fact that it seems that the damage can be compensated due to a comprehensive motor vehicle insurance policy)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;