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(영문) 서울동부지방법원 2016.10.05 2016고정1217

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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 service of CL125.

Around 07:15 on May 9, 2016, the Defendant driving the above Oralba, leading the side roads in Seongdong-gu Seoul Metropolitan Government D prior livestock product market to the direction of Seodaemun-gu from the southwest.

Since the location is a road where a road sign prohibiting entry is installed, there was a duty of care to make a person engaged in driving service of the motor vehicle not to enter the road according to the sign.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s fault in driving the road as it is in the direction towards the station, and the Defendant’s error in driving the victim E (the 33 years old, South) driving at the same direction at the time, and the front part of the victim E (the 33 years old, South) drive the front part of the Defendant’s ozone part.

As a result, the defendant suffered injury to the victim by negligence in the course of business, such as the left-hand dump, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;