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(영문) 수원지방법원 성남지원 2014.10.02 2014고단1544

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

On June 3, 2014, the Defendant was driving B Poter cargo vehicle as of June 20, 2014, and was driving about about 70 km from the Sungnam side to the Si-si side, depending on the two-lanes of roads adjacent to the D Poter in Gwangju City, according to the two-lanes of roads adjacent to the D Poter in Gwangju City.

Since there is an intersection, the defendant engaged in driving of the motor vehicle has a duty of care to safely operate the steering direction and operation of the motor vehicle by accurately manipulating the steering direction of the motor vehicle.

Nevertheless, by negligence, the Defendant neglected this and neglected to stop in the front direction, and neglected to stop in the front direction of the Defendant’s proceeding, and received the back portion of the FST5 car driving in the front direction of the Defendant’s truck.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as catitis, which requires around three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A traffic accident report and a traffic accident report;

1. Photographs of the accident site, vehicle photograph, and place of accident;

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Legal provisions applicable to criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the choice of a fine shall be appropriate in light of the following factors: (a) the defendant is not guilty of gross negligence; (b) the victim’s injury cannot be deemed severe; (c) the vehicle involved in the accident is covered by mandatory insurance; and (d) the primary offender

1. Articles 70 (1) 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;