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(영문) 서울중앙지방법원 2016.11.29 2016고정3221

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 2.5 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 motor bicycle B 124cc.

Defendant

On August 8, 2016, at around 12:00, Dongjak-gu Seoul Metropolitan Government and D Pharmacy run the above engine at a speed of about 30km/h/h of speed in the right-side direction from the upper side of the road, while driving the above engine at a speed of about 30km/h of speed in the right-side direction.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle.

Nevertheless, if it is negligent in doing so at the point of accident, the center line is operated by the negligence of running the center line, and the victim E (the 76 years of age) who crosses the road on the left side from the right side of the running direction of the vehicle driven by the defendant was found to be late and operated, but it did not reach the front side of the motor driven by the defendant, and it was sufficient to shock the victim's left knee part of

As a result, the Defendant suffered damages, such as the removal of franchis that require stability for about 12 weeks of diagnosis by the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on video data CDs related to accidents;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal

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

1. Although the content of damage for sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order is serious, the calculation of the amount of fine should be taken into account, such as the fact that the victim wants to find the Defendant’s wife, and that the victim appears to be partially negligent with regard to the occurrence of the damage.