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(영문) 서울북부지방법원 2017.09.07 2017고정960

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 DSS5 car owned by her husband C.

On March 16, 2017, the Defendant driven the above car at around 00:10, and proceeded at a speed above the two-lanes in front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at the right direction of jun amusement park at the west of the tunnels, and turn to the left in the direction of the border.

The place is where three-dimensional signal, etc. is installed on the front bank, and a straight marking is placed on the surface of the first lane.

In such cases, all drivers of motor vehicles have a duty of care to safely drive motor vehicles in accordance with signals and instructions indicated by traffic safety facilities to prevent accidents in advance.

Nevertheless, at a place where left turn is not allowed due to negligence in violation of signal, the defendant left the left, and the defendant 1) F(42) and G(2) of the victim(35,000) were sent to the right side from the left side of the vehicle's moving direction to the right side of the vehicle.

As a result, the Defendant suffered from occupational negligence on the part of the above victim 1) injury, such as "Mane-de and tension," which requires approximately two weeks of medical treatment, and injury to the victim 2, such as "Mane-de and kne-de-fel-fel-fel-feling," which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of each traffic accident in F and G;

1. Each written diagnosis;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to the actual survey report;

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