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(영문) 대전지방법원 천안지원 2018.08.21 2018고정461

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person driving a rocketing car.

On May 3, 2017, the Defendant driven the above vehicle on May 11:35, 2017, and led the front passage of the “E” located in the Southern-gu, Southern-gu, Dong-gu, Seoul to drive the vehicle at an insular speed with the distance from the surface of the deceased at a siren (ju).

In this case, the driver of the motor vehicle has a duty of care to safely proceed only in the direction of the safety indication as a person engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected to enter the above one-way traffic route and proceeds normally from the opposite part of the opposite part of the traffic route, and the front part of the G Trash XG car to the right-hand side of the Defendant’s vehicle to the right-hand side of the G Trash XG car to the right-hand side of the deceased.

Ultimately, the Defendant suffered injury to the victim H (Y, 75 years old), I (M, 37 years old), and J (M, 17 years old), respectively, due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written diagnosis;

1. Application of the actual survey report, report on the occurrence status, accident scene, and vehicle photograph-related Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, caused a traffic accident while driving around a one-way road.

There are two or more penalties for the same crime.

However, the defendant recognizes his mistake and is against his will.

It seems that it was not easy to identify the entry prohibition sign of the road on the sea (13 pages of evidence).