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(영문) 수원지방법원 2018.04.19 2018고정382
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person driving a vehicle in Category C for another vehicle as his/her duties.

On December 29, 2017, the Defendant driven the above vehicle on the 11:35th day of December, 2017, while driving the vehicle at the speed of about 70 km from the side of the manufacturing company of the side of the vehicle at the speed of about 50 km.

At all times, there was a duty of care to drive a person who is engaged in driving along a street crossing with a signal, etc. and to drive a person safely according to the signals.

Nevertheless, the Defendant neglected to do so and caused negligence in violation of signal signals, and caused the Defendant to shock the top part of the Defendant’s vehicle, which was the top part of the Defendant’s vehicle, of the FW 110WH Happing Vehicle E (Y, 21) in the middle of the 12th century, which was normally straight from the 3rd-dong nuclear room to the front part of the Defendant’s vehicle.

As a result, the Defendant caused the victim’s injury, such as cutting the body frame, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Criminal Procedure Act, the Defendant caused an accident by gross negligence in violation of the relevant signals, resulting in the victim’s injury, and the degree of injury suffered by the victim is too serious.

However, considering the favorable circumstances, such as the fact that the defendant is divided and reflected in the crime of this case, the fact that the injured party does not want the punishment of the defendant in agreement with the victim, the fact that the defendant has no record of punishment after entering the Republic of Korea, the defendant has no record of punishment, and all other sentencing conditions, such as the age, sex, environment, etc. of the defendant.

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