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(영문) 수원지방법원 안산지원 2018.01.31 2017고단2440

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 of CCA110cc motor bicycle.

On February 11, 2017, the Defendant driven a bicycle for a motor device at around 16:00 and led D to a long distance from the back side of the Silung-si to the speed of about 40 km at the speed of about 40 km from the front side of the Silung-si.

At all times, as a designated place as a one-way road, the defendant engaged in driving service has a duty of care to proceed only in one direction according to the direction.

Nevertheless, the Defendant neglected this and got the front right right side side of the FCA 110C motor bicycle riding, which is driven by the victim E (37 tax) who is driving on the left-hand side of the mast (37) by negligence driving one road in the reverse direction, and received the front right side side of the bicycle riding.

As a result, the Defendant suffered injury, such as cutting the body at the bottom of the Bridge, which was accompanied by a non-alleys that require approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A traffic accident report;

1. Reporting on the occurrence of a traffic accident, on-site photographs, making a borrowed inquiry, and on-site photographs;

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

1. 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 relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. The sentencing guidelines do not apply to the selection of the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the Nowon-gu Station.

The defendant's act of driving on one side in violation of the direction caused a traffic accident, the degree of injury to the victim is serious, and the agreement with the victim is not reached.

However, the defendant's intention to commit the crime of this case is seriously against the defendant, and there is no record of criminal punishment, and the defendant's driving is a comprehensive insurance.