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(영문) 서울남부지방법원 2018.06.28 2018고단2258

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 07:04 on December 15, 2017, the Defendant driven a C non-MW vehicle, and made the left turn to the left from the edge of the bank trees shooting distance to the stimul.

In such cases, the driver of a motor vehicle has a duty of care to safely protect the vehicle line and to safely turn to the left, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and caused the victim F (V, 23 years old) who dried a runway on the right side from the left side of the right side of the madle Defendant’s running direction by negligence beyond the center line as it is, in violation of the signal signal of the front side, to go beyond the road, by shocking it over the front side of the driver’s seat.

As a result, the Defendant suffered injury, such as a brush in the upper part of the left-hand side, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Blucs cambling CD images;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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. It is so decided as per Disposition by taking into account the negligence of the defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, but the fact that the defendant agreed with the victim, and the criminal initial crime.