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(영문) 서울서부지방법원 2018.04.05 2017고단4006

교통사고처리특례법위반(치상)

Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car at the fourth time.

On October 22, 2017, the Defendant driven the above car at around 09:40 on October 22, 2017, and driven the ice-ro 269, Yongsan-gu, Yongsan-gu, Seoul, and proceeded to the Han River from the Han River to the Han River from the Han River.

Since the place was an intersection where the right of prohibition of direct operation and the right of prohibition of direct operation are installed on the surface, there was a duty of care to observe the said indication while keeping the right and the right of the driver, and drive safely.

Nevertheless, the Defendant neglected this and neglected to turn to the left from the vehicle line opposite to the direction of the run by the Defendant at the time when the Defendant left the above intersection in accordance with the left-hand turn from the vehicle line opposite to the direction of the run by the Defendant, and received the right-hand side of the victim C(48 years old) of the U.S. driving, as the front-hand part of the Defendant’s car.

In the end, the defendant at the above occupational negligence suffered injury to the victim, such as the side rupture in the slots that require approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The punishment as ordered shall be determined in consideration of all the circumstances, including the following: (a) agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the fact that there is no record of crime other than fines of 300,000 won in 1989; (c) the fact that the instant crime is divided and reflected; and (d) the defendant's occupation, age, and circumstances after the crime.