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(영문) 의정부지방법원 고양지원 2017.07.13 2017고단1498
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On April 6, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Goyang Branch of the Jung-gu District Court (Seoul District Court), and the said judgment became final and conclusive on June 22, 2017.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On March 10, 2017, the Defendant driven the above car on the 19:27th day, and driven the 1244 U.S. Simsan-dong (U.S.) S. Simsan-dong (U.S.) on the surface of the N.S. Center from the Y. Dok-dong, U.S., U.S.-dong (U.S.) to the surface of the Center, in violation of the signal, led to the impact on the part of the victim C(61 years old) driver's seat on the part of the driver's car, which was in progress pursuant to the new code, due to the occupational negligence in the backside of the stop line due to the violation of the signal.

The Defendant suffered from the victim E (V, 57 years old) who is the same passenger of the victim C and the damaged vehicle in the same occupational course and room, respectively, about two weeks of treatment.

2. The Defendant violated the Road Traffic Act at the same time and place as Paragraph 1, and at the same time and place, as above, damaged the repair cost, such as the exchange of the victim’s vehicle in front of the driver’s car, by negligence on the part of the Defendant, to the extent of KRW 15,550,928.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Written estimate;

1. A traffic accident report;

1. Photographss and black stuff images by cutting off the scene of the accident, black stuffs images;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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