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(영문) 서울동부지방법원 2017.02.08 2016고정1988

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives B 900cc ZX900F ZEM.

Around 16:50 on May 12, 2016, the Defendant driven a two-lane of the two-lanes in front of Gangdong-gu Seoul Metropolitan Government, thereby driving the two-lanes in front of Gangdong-gu, Incheon Metropolitan Government, with about 30km in the direction of the city in the direction of the cancer.

Since there is a lot of pedestrian traffic, a person engaged in driving service has a duty of care to check the safety of course and prevent accidents by driving by reducing speed and properly examining the right and the right of the road.

Nevertheless, the defendant neglected to do so and found the victim D(88) of the victim who is driving a motor vehicle on the left side of the motor vehicle and crosses the road by driving the motor vehicle on the left side and avoiding it to the left side, but because it did not reach the left side of the motor vehicle operated by the defendant on the front side of the two-wheeled vehicle, and led the victim D(former wheelchairs) which is moving to the left side by the defendant, lost its center due to the collision, and moved to the left side.

E (n, 36 years of age) They have driven

F Launaly, the driver was shocked into the upper right part of the Fstuna car and the part of the Lather.

In the end, the victim D suffered injuries such as cage cage cages, right fages, etc. in need of medical treatment for about eight weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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;