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(영문) 춘천지방법원 강릉지원 2017.11.08 2017고단1049

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 car in the C SP area.

On July 25, 2017, the Defendant driven the above vehicle at around 11:05, while driving the vehicle, leading the two lanes in front of the E cafeteria in Gangnam-si D, along the first lane, to the direction of Gangseo-do from the direction of the mountain.

Since there is a signal apparatus installed on the front side, there was a duty of care to safely operate the driver in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, due to the negligence of neglecting this, the Defendant received the front part of the victim F (75 years old) driving in the direction of a sex acid in accordance with the new subparagraph from the left-hand turn, which is left-hand turn in the direction of the E cafeteria, as well as the front part of the Defendant’s driving vehicle as the right-hand fences.

Ultimately, the Defendant by occupational negligence inflicted bodily injury on the victim F, such as salt, tensions, etc., in need of approximately two weeks of treatment on the part of the victim F, and on the part of the victim H (V, 67 years of age) who is the passenger of the damaged vehicle, the Defendant suffered bodily injury such as salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. A H statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on a traffic accident, a report on the scene of an accident, a medical certificate, a report on internal investigation, and a report on investigation;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act;

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

1. Selection of a selective fine for punishment (ages and considering the first offender, etc.);

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;