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(영문) 서울남부지방법원 2018.06.05 2018고단1436
교통사고처리특례법위반(치상)
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

The defendant is a person who is engaged in driving of D 2 cargo vehicles.

On March 13, 2018, the Defendant driven the above cargo vehicle around 18:25, and driven the front road of Gangseo-gu Seoul Metropolitan Government E at a speed of about 20km per hour, depending on the one-lane between the 6-lane parallel from the side of Kimpo Airport.

Since the location is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely in accordance with the signals while driving a person engaged in driving service.

Nevertheless, the defendant neglected this and neglected to stop the vehicle, and the victim F.F.(38 tax) who was driving in the opposite lane by the vehicle driving in accordance with the vehicle driving signals on the opposite lane, went beyond the right side of the vehicle driving by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as kneee, knee, bones, etc., which requires the treatment period of about 10 weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. An investigation report (Attachment of a black stuff image CD), a black stuff image to capture and photograph, a black stuff, and a CD;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Selection of a selective fine (the degree of injury inflicted on the victim by the negligence of the defendant, the degree of the injury inflicted on the victim, the agreement with the victim, and other factors considered in sentencing, such as the age, sexual conduct, environment, etc. of the defendant);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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