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(영문) 의정부지방법원 2015.01.23 2014고단3825

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in a stitu area.

On September 13, 2014, the Defendant driven the above car on September 12:50, and driven the two-lane road in front of E in southyang-si, Seoul, along the two-lane road from the southyang-do to the south-do, and got a U-turn in order to proceed to the opposite lane.

At this point, there is a center line of yellow solid lines, so a person engaged in driving service has a duty of care to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected this and received a motorcycle that was not registered as the victim F(23 years of age) who was driving along the two-lanes due to the negligence of an interning the median line, as the part of the Defendant’s right-hand fences of the car.

As a result, the Defendant suffered injury, such as an injury to the left-hand body, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. A survey report on actual condition, a traffic accident occurrence report, and related photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] general traffic accident category 1 (the area of damage caused by traffic accident) [the person subject to special mitigation] and the area of mitigation (including efforts to recover damage] [the decision of sentence] a fine of KRW 8 million [the defendant is sentenced] and a fine of KRW 8 million in light of the fact that an accident occurred while he gets injured by the central line at the time of the accident in this case, and caused an accident, the degree of violation of the duty of care is grave. The victim of the accident in this case is down to the part of the left-hand part.