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(영문) 서울중앙지방법원 2017.03.15 2016고정4117

교통사고처리특례법위반(치상)등

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

Criminal facts

On July 23, 2016, the Defendant driven the above vehicle around 20:00 on July 23, 2016 as a person who is engaged in driving of BMW car, and proceeded from the sloping-ro of Seocho-gu Seoul Metropolitan Government to the grande of Seoul.

At the time, the Defendant, prior to the same direction, was followed by the Drocketing car driven by the victim C (V, 66 years old), and therefore, the Defendant was a person engaged in driving service, who was well aware of the situation, and had a duty of care to secure and proceed with a safe distance to avoid when the said rocketing car stops.

Nevertheless, the Defendant neglected to drive the vehicle in the vicinity of the vehicle in the vicinity of the vehicle in the above BMW due to the negligence of driving the vehicle in the vicinity.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence during approximately six days of medical treatment, and suffered multiple shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shots.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of the occurrence of a traffic accident C;

1. Each written diagnosis;

1. An accident scene photograph;

1. Application of written estimates to repair damaged vehicles;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest penalty);

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;