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(영문) 서울북부지방법원 2017.03.30 2017고정115

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of one 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 Crane car.

On October 20, 2016, the Defendant driven the above vehicle at around 14:07, and driven the three-lane road in front of Seoul Special Metropolitan City, Nowon-gu, along the one-lane to the front box of the party from the seat hill tunnel.

In that case, there was an intersection where signal lights are installed at the front of that place, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving service, to look well at the right and the left, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected to do so and led the Defendant to move the damaged vehicle by taking the right side of the Firing Motor Vehicle driven by the victim E (S, 32 years old) driving from the back of the time-off set-off to the right side of the Firing Motor Vehicle, which is driven by the victim E (S, 32 years old) in front of the Defendant’s Motor Vehicle.

Accordingly, the Defendant suffered from the injury of the victim G (V, 28 years old), the victim H (V, 33 years old), and the victim I (V, 45 years old) who was accompanied by the above occupational negligence by the victim and the damaged vehicle, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, I, G, and H;

1. The actual investigation report on traffic accidents;

1. Each written diagnosis;

1. Application of the Act and subordinate statutes to images of an accident (including the submission of a stude), pictures of an accident image (stop-stop-stop-V);

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