beta
(영문) 서울북부지방법원 2018.05.29 2018고정267

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of two 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 a car 520 driver.

On August 20, 2017, around 05:05, the Defendant driven the above vehicle on the front road of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and proceeded at a speed of about 50km per hour from the lower side of the lower side of the two lanes.

When the driver of any motor vehicle follows another motor vehicle traveling in the same direction, the driver of any motor vehicle has a duty of care to secure a distance necessary to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly.

Nevertheless, the victim E (37 tax, leisure) who is in progress prior to the same lane as the end-oned vehicle due to negligence in contravention of this, and the part behind the driver's vehicle in front of the defendant's driving vehicle was inferred into the part of the driver's vehicle.

By these negligence, the victim E and the victim G (38 knife, south knife, etc.) who was on board with the victim E and the head of the knife, suffered from the injury of flife, tension, etc. in need of treatment for a period of two weeks, and the victim H (6 knife, south knife) who was on the back seat in need of medical treatment for three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A traffic accident report, a survey report, and a photograph of a vehicle damaged by provisional damage;

1. Application of each statute of limitations to I, G, and H

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;