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(영문) 의정부지방법원 고양지원 2016.11.30 2016고정938

교통사고처리특례법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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 B NAS Scoo.

On March 29, 2016, the Defendant driven the said car on March 23:30, 2016, while driving it, led to approximately 119 km in speed, according to the four-lanes from the Pacific to the Sungdong IC, which is about 300 meters prior to the 300-meter Simn-ri in the law interest at the port of the Papju.

It is a road bended by the direction and a motorway with a speed of 90km per hour. In such a case, a person engaged in driving service has a duty of care to safely drive the steering gear and brake system by complying with the speed and speed limit and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected this while driving a limited speed more than about 29 km at each hour, and was driven by the victim C (the aged 43) who continued to drive a d golf car in the same direction as that of the Defendant’s vehicle in front of the driver’s vehicle and continued to drive the d golf car in the same direction.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment by the aforementioned negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, C, and F;

1. A traffic accident report and a comprehensive traffic accident analysis report;

1. Medical certificate (certificate No. 11);

1. On-site photographs, etc.;

1. Application of the written estimate statutes;

1. Article 3(1) and (2) proviso of Article 3(3) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the choice of a fine [the amount of a fine has been determined, taking special account of the circumstances favorable to the defendant, such as the confession of the defendant, the primary offender, the subscription to comprehensive insurance, the health status of the defendant is not good, and the injury is difficult to be considered as being serious;

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 a provisional payment order shall be issued for the reasons above.