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(영문) 서울남부지방법원 2017.11.02 2017고정1719

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a SP car.

On May 26, 2017, the Defendant driven the above car at around 14:55, and driven the front side of Gangseo-gu Seoul Metropolitan Government, along the two-lanes between 3-lanes from the edge of the erodo, to the erogate.

Since the location has a crosswalk where signal, etc. are installed, the driver had a duty of care to live well with the signal, etc. and to drive safely according to the signals.

Nevertheless, the Defendant neglected this and received the right side part of the Ei30 car driving by the victim D, who was a central line, due to the negligent negligence in contravention of the red stop signals signals, as part of the front part of the car of the Defendant.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment on the part of the victim F, who was on board the car, and suffered injury, such as salt, tensions, etc. in need of approximately two weeks of treatment on the car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes (D, F);

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;