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(영문) 수원지방법원 안양지원 2016.01.29 2015고정1105
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of four 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 is engaged in driving duties of K7 cars.

On December 12, 2015, the Defendant proceeded at a speed of about 116 km in speed from the two sides to the three-lanes in the direction of about 06:20 in the direction of the Sincheon-si. The Defendant proceeded at a speed of about 116 km in the direction of the Guncheon-si.

At the same time, the speed of the off-road surface is to be operated at a speed of 64 km per hour when the speed of 80 km at every hour is reduced by 20 km, so a person engaged in driving duties has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brake system accurately.

Nevertheless, the Defendant neglected this and proceeded with the above speed exceeding 52 km every hour at the location of the accident, and the back part of the driver's seat of the D urban bus driven by the victim C, who was sent at the location of the accident, was shocked by the front part of the Defendant.

As a result, the Defendant suffered from the above occupational negligence on the same passenger vehicle E (the age of 27), the injury of the body frame, etc. of the upper body body part of the vehicle that requires approximately 12 weeks of treatment, the injury of the body frame and the body frame and the string of the inside and floor that require approximately 8 weeks of treatment to F (the age of 28), the injury of the victim C (the age of 50), the victim C (the age of 50), the passenger G (the age of 53), H (the age of 50, the age of 51, the age of 51), and I (the age of 51, the age of 51), and the injury of the tension, such as the dys, string, etc. which require approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C, F, and E;

1. Application of each medical certificate of G, H, I, F, C, and E of the Acts and subordinate statutes related to one accident;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the primary offender, and the vehicles driven by the defendant are covered by the comprehensive insurance.

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