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(영문) 서울남부지방법원 2018.08.28 2018고단2811
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 10:50 on November 9, 2017, the Defendant, from Geumcheon-gu Seoul Metropolitan Government Geum-ro, 793 Sin-ro, had C drive a coo vehicle one lane in the direction of the Hoamban tunnel in the direction of the Hoamban tunnel from the mountain dump road to the two lanes in the direction of the Hoamban tunnel.

Since the place is 40 km at a restricted speed every hour, the driver of the motor vehicle has a duty of care to prevent accidents by complying with the vehicle line and the restricted speed, operating the steering system and operating the steering system accurately.

Nevertheless, the Defendant neglected the above duty of care and caused about 50.6 meters on average from the time of the speed prevention to the time of the entry of the stop line to the time of the direction indication prior to the entry of the stop line to the point of 70.8km, the Defendant’s negligence from the time of the direction indication to the time of the stop prohibition zone in the intersection exceeding the average speed of about 62 km/h to the point of the average speed of about 62 km from the time of the stop prohibition zone in the intersection, and caused the victim D(42 aged) with the right side part of the E-Spart car driving in the direction opposite to the end of the stop line to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D (42 3) for approximately three weeks’ medical treatment due to the foregoing occupational negligence. The Defendant sustained injury to the victim F (44 taxes) of the passenger fared with the Defendant’s vehicle in need of approximately two weeks’ medical treatment. In addition, the Defendant suffered injury to the victim F (44 taxes) of the passenger fared with the Defendant’s vehicle in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An analysis of traffic accidents;

1. A statement of inquiry prepared by the Commissioner General of the Seoul Regional Police Agency;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 a selective fine for punishment (the degree of injury suffered by victims is severe);

It is difficult to see that the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and thus the damage is compensated.

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