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(영문) 서울중앙지방법원 2018.03.07 2018고단380
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On August 24, 2017, the Defendant driven the upper vehicle above 13:00 on August 24, 2017, and led to the flow of the 79-gilo-gu, Seoul, the main text of the 3rd (Seoul), the Guam-gu, Seoul, to the shooting distance of salt at the intersection of the common road.

At the time, the Defendant, prior to the same direction, was followed by the victim C's car driven by the victim C, and therefore, the person engaged in driving service was well aware of the situation, and there was a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the defendant neglected to do so and neglected his duty to see in the front, and led the backer of the damaged vehicle prior to the same direction due to negligence in the nearest.

As a result, the Defendant suffered injury to the victim due to the above occupational division and office, which requires approximately two weeks of medical treatment, and at the same time damaged the damaged vehicle with the repair cost equivalent to KRW 740,900.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement on the occurrence of each traffic accident;

1. Photographs of the damaged vehicle and photograph of the damaged vehicle;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate for accidents;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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