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(영문) 수원지방법원 성남지원 2017.10.19 2017고단1931

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of seven 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 B Kable car.

On July 12, 2017, the Defendant driven the above car on July 12, 2017, and led to the way towards the chill road in front of the cryp road in the way of the cryp of Sungnam-si, Sungnam-si.

At the time, there was an intersection where signal lights are installed at night and at the front, so in such a case, there was a duty of care to protect the signal to the person engaged in driving business and safely drive the motor vehicle by checking the front, rear and left well and to prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim C (the age of 55) who was directly driven pursuant to the new subparagraph at the right-hand turn by negligence in contravention of the signal, and caused the victim C (the age of 55) to shock the front part of the vehicle of the defendant in front of the vehicle of the defendant, and caused the damaged vehicle to turn back the vehicle to the right-hand side of the damaged vehicle, and let the damaged vehicle move to the front part of the vehicle.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim C, such as fluoral salt in need of approximately three weeks of treatment, and the injury to the victim E (the victim 53 years of age) who is the passenger of the victimized vehicle, including fluoral salt, for about 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident photographs;

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. The fact that the victims suffered serious injury due to the negligence of the defendant's violation of signal signals on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, and the defendant was sentenced to a fine by causing a traffic accident by violating signal signals even in 2014.