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(영문) 수원지방법원 안산지원 2015.06.02 2015고단854

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of three 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 drives Bone Star Co., Ltd as his duties.

On March 21, 2015, the Defendant driven the above vehicle at a 00:00, the Defendant was straighted at a speed of about 40 kilometers per hour from the home flusspary bank to the home fluspary bank, in accordance with the three-lanes of the two-lanes of the two-lanes of the two-lanes.

In such a case, the Defendant engaged in driving of a motor vehicle was unable at night at the time, and there was a place where the center line of yellow-ray is installed. Therefore, there was a duty of care to safely drive the steering wheel and brakes by making it possible to take the front and left well and accurately operated the steering wheel and brakes.

Nevertheless, the Defendant neglected this and got out of the floor by receiving the part of the FCA1105 on the left side of the victim E (the 44 years old, South) driving, which was driven by the driver's negligence over the center line, in the opposite direction.

As a result, the Defendant suffered injury to the victim, such as “the opening of the fourth balance of revenues and expenditures on the opposite side,” which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports (1) (2), photographs, and diagnostic certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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 provides that the degree of injury of the victim for sentencing of Article 334(1) of the Provisional Payment Order is not easy, but does not reach an agreement. However, there are circumstances to consider the defendant's fault against the defendant, the vehicle covered by a comprehensive motor vehicle insurance, the circumstances leading to the crime, the fact that there are no criminal records other than once a fine for the crime committed by this type, and other matters prescribed by Article 51 of the Criminal Act.