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(영문) 수원지방법원 안양지원 2014.08.21 2014고정670

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who drives BCA110 Oba.

On January 12, 2014, around 20:30, the Defendant was driving the obba in the direction of the Man-gu Office in the direction of the Man-gu Office of Mayang-dong 6, 518-15, and the obathoba on the front of the Man-gu Office of Man-gu.

However, since the above road is a one-way road, the driver has a duty of care to safely drive the road according to road surface signs, etc.

Nevertheless, due to the occupational negligence of driving the above road, the defendant received the front part of the victim C(64 years old) bicycle driving on the right side from the left side of the defendant's driving direction from the front part of the victim C(64 years old) driving.

As a result, the Defendant suffered a complicated frame at the bottom of the Security Aggregate which requires approximately 16 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of related Acts and subordinate statutes;

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

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 that the defendant acknowledged the crime and agreed to commit the crime, and the business was well aware of its economic situation, and thus, a fine is to be reduced. However, considering the fact that the injury suffered by the victim was very heavy, the victim’s retirement from the company, and the liability insurance subscribed to by the defendant that the defendant was not sufficient to receive treatment, and the defendant expressed his/her intent to cancel the agreement, it cannot be deemed that a fine of KRW 3 million in the summary order is heavy.