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(영문) 서울북부지방법원 2015.07.23 2015고정1162

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On February 19, 2015, the Defendant driven the B car volume around 11:05, and driven the 4-lane road in two-lane from the 155th street of Dobong-gu Seoul Metropolitan Government to the Do-dong basin of the Do-dong in the direction of the 155th street.

Since there was a center line at the point of accident, so that the driver of a motor vehicle had a duty of care not to proceed beyond the center line, the defendant, without neglecting the above duty of care, has the front of the D motor vehicle driven by the victim C (Nam, 43 years old) who is driving two lanes in the opposite direction due to the negligence of driving the center line by neglecting the duty of care.

The Defendant, due to the foregoing negligence, sustained each injury to the victim E (V, 37 years of age) who was on board the damaged vehicle, such as satisfying, etc., requiring four-day medical treatment, and the victim F (V, 8 years of age) suffered injury, such as satisfying, satisfying, etc. in the head part requiring two-day medical treatment, satisfying, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Each written diagnosis (C, E, and F);

1. Application of Acts and subordinate statutes to traffic accident reports, vehicle inspection reports, and vehicle photographs at the time of the accident;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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