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(영문) 서울북부지방법원 2018.04.27 2018고정496

교통사고처리특례법위반(치상)

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

On December 25, 2017, the Defendant driven a low-speed car around 00:45, and changed the four-lane road in front of Dongdaemun-gu Seoul Metropolitan Government into one-lane in the direction of the city-dong market from the shooting distance of Dongdaemun-gu Office to the fourth-lane in the direction of the city-dong market. The Defendant driven a taxi at an irregular speed depending on the taxi above.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to look at the right and right of the front side and safely drive the motor vehicle in order to prevent accidents in advance.

Nevertheless, the Defendant neglected this and led the victim D(60) who was driving by the Defendant to the left-hand side to change the course from the four lanes to the one-lane, and re-enters the center line into the one-lane, and re-enters the center line into the one-lane, and re-enters the victim taxi into the one-lane left-hand side of the same direction, and conflicts into the two-lanes left-hand side of the victim taxi that proceeded into the same direction.

As a result, the Defendant suffered, by negligence on the part of the above business, the injury of the victim, such as “finites and tensions,” which requires approximately two weeks of medical treatment, and the injury of the victim F (52) who is the passenger of the vehicle driving the victim, including “finites and tensions of the species before the finite,” which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Photographs related to accidents;

1. Investigation report (related to the median line after fronting a suspect vehicle);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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;