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(영문) 의정부지방법원 고양지원 2015.06.05 2015고정471
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B as a duty.

On August 13, 2014, the defendant, around 09:00, had the houses in front of the D convenience points located in Soyang-gu, Soyang-gu C proceed to cross-section.

Since there is a place where traffic is not controlled, there was a duty of care to check whether a person engaged in driving service is a vehicle crossing by reducing speed or temporarily stopping the vehicle.

Nevertheless, the part on the left side of the victim E (the 57 years old, the knife driver) driving, which was proceeding on the right side of the proceeding direction, was received as the front part of the accident vehicle.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the catitiss, etc. requiring approximately three weeks of medical treatment on the victim, and sustained injury on the catitiss G (58 years old, female) in need of medical treatment for about three weeks. At the same time, the Defendant damaged the above vehicle repair cost to KRW 1,336,952.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing vehicle photographs at an accident site;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

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

1. Selection of an alternative fine for punishment [the amount of fine specified in the summary order shall not be excessive, even if all circumstances are considered, in light of the degree of damage and the fact that actual damage has not been recovered];

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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