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(영문) 서울동부지방법원 2014.05.09 2013고정602

교통사고처리특례법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 6, 2012, the Defendant was a person who is engaged in driving a two-wheel motor vehicle owned by himself, and around 01:13, the Defendant was driving at an insular speed as one of the two-lanes in the direction of the Gu doctor distance in front of 78-43, Gwangjin-gu, Seoul Special Metropolitan City.

At the time, the surface is at night, and there is a center line of the yellow-ray, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as the center line.

Nevertheless, while the Defendant neglected to do so, the Defendant: (a) obstructed the center line and proceeded along the two-lanes in the opposite direction; (b) collisioned the victim C(43 years old) with the front part of the two-wheeled vehicle operated by the Defendant in the front part of the two-wheeled vehicle operated by the Defendant.

The Defendant, by negligence in the course of performing the above duties, caused the victim E (V, 28 years old) who was killed in the said two-wheeled vehicle to suffer bodily injury, such as the so-called left-hand salone abandonment, which requires the treatment of 12 weeks, and the victim F (V, 30 years old) who was killed in the said taxi to suffer bodily injury, such as catum dump, which requires treatment for 3 weeks, and the victim C suffered bodily injury, such as catum dump, which requires treatment for 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

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

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 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;