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(영문) 광주지방법원 2018.11.22 2018고정608

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 02:00 on April 15, 2018, the Defendant driven a Grand City B, Grand C, and led to the flow of the Road to the surface of the Road at the upstream of the front road in Gwangju Northern-gu, along with one lane. Although the Defendant had a duty of due care to safely drive the road, such as the former and the right and the right and the right of the road, and the operation of the steering and the operation of the steering system accurately, the Defendant neglected the duty of care to safely operate the vehicle by driving the road at the front part of the said passenger car driven by the victim E while neglecting the duty of care. At the same time, the Defendant suffered from the injury of the victim, such as the c, 936,821 won of the said car owned by the victim’s G, which requires the treatment of approximately two weeks, and at the same time destroyed the amount of the 3,936,821 won.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Each statement of H and E;

1. A copy of a medical certificate (27 pages of evidence records);

1. Application of the statutes governing a written estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto) and Article 151 of the Road Traffic Act concerning criminal facts (the occupation of damage from occupational and de facto property);

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

1. Selection of an alternative fine for punishment;

1. The part dismissing the public prosecution in consideration of all the circumstances, including the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the defendant's mistake, the fact that there is no record of criminal punishment against the defendant, and the fact that physical damage caused by the instant accident appears to have been restored.

1. On April 15, 2018, the Defendant: (a) was negligent in driving a stroke as indicated in the facts constituting a crime on April 15, 2018; (b) was charged with driving the stroke in front of the said knife vehicle; (c) was charged with driving the said stroke part of the said knife vehicle; and (d) was charged with the injury of the victim H, i.e., for approximately two weeks of the said knife vehicle.

2. Determination

A. This is an Act on Special Cases concerning the Settlement of Traffic Accidents.