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(영문) 수원지방법원 성남지원 2017.09.21 2017고단1729

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

The Defendant is a driver of Oral Ba and D is a driver of the E-learning Passenger Vehicle.

On March 11, 2017, the Defendant driven the above Obabaon on the 16:25th day of March, 2017, and led to the intersection of the historical distance from the Sungnam-gu, Sungnam-gu to the ebagic market at an insurous speed.

In this case, a person engaged in driving of a motor vehicle has a duty of care to protect the signal and to prevent the accident in advance by safely examining the front side and the left and right of the motor vehicle.

Nevertheless, the defendant neglected this and has entered the intersection in accordance with the progress signals from the right side of the defendant's right side of Madin by negligence directly leading to the yellow mar;

D The front part of the E-learning Motor Vehicle driven by D was shocked with the front wheels of the Defendant's O-to-art.

Ultimately, the Defendant suffered from the injury of the victim F (the age of 71) who was on board the seat after the Defendant’s error in the above occupational negligence, due to the injury of the victim F (the age of 71) who had no two openings in the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the screen of on-site photographs and black booms closures;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)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, the selection of fines (including the fact that the injured person does not want the punishment of the accused, the fact that the accused is against himself/herself, and the primary fact, etc.);

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;