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(영문) 서울남부지방법원 2019.06.20 2019고단1662

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On April 26, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for violating the Military Service Act at the Seoul Southern District Court, and the said judgment became final and conclusive on May 4, 2019.

At around 19:10 on March 14, 2019, the Defendant, who is engaged in W125cc Acc M. driving, driven the above Otoba, and driven the road in front of Gangseo-gu Seoul Metropolitan Government, from the 18-lane to the 12-lane, a river from the 18-lane to the 12-lane, the Defendant driven the one-way road at which the entry prohibition is marked at a speed of about 10 km at the speed of the city.

In such cases, a person engaged in driving service has a duty of care to avoid driving in violation of the direction of safety signs, if there are safety signs such as reduction of speed, prohibition of traffic, temporary suspension, etc.

Nevertheless, the Defendant neglected this and neglected to comply with the safety signs of one-way traffic route with which no entry into the road is marked, and received the victim D (six years of age) who went to the port from the right side of the course of the course of the course of the course of the course of the course of the operation of the said Oba in front of the above Oba.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as gympium and gurative body in the area of eyeball, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and traffic accident video CDs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, reply reports, copies of written judgments, and case search records;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is traffic accident accident case, illegality degree of defendant's negligence related to the accident, part and degree of injury, automobile comprehensive insurance policy.