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(영문) 의정부지방법원 2013.08.07 2013고정1207
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the driver of the passenger vehicle B.

On March 13, 2013, the Defendant was driving at the entrance of the parking lot in the Yancheon-gun, Gyeonggi-do, Gyeonggi-do, the Gyeonggi-do, to the Jinna-do, and to the Jinna-do, the Defendant was driving at the exit of the parking lot.

The accident site is a one-lane road with a central line, a kibro, and if snow is accumulated adjacent to a road, drivers have a duty of care to accurately manipulate the operation and steering gear and prevent accidents from occurring.

Nevertheless, the driver neglected this and dissatisfyed the snowway, and satisfyed the roadsides on the right side of the road by front of the vehicle under consideration.

As a result, the Defendant, by negligence in the course of business, sustained injuries that require medical treatment for about three months due to the crushing of flaging of flags and cutting of flags, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Photographs related to traffic accidents;

1. Registers of driver's licenses;

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

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the Defendant and the victim did not wish to punish the Defendant by agreement with the victim after committing the crime; (b) the relationship between the Defendant and the victim; (c) the details and contents of the instant crime; (d) the circumstances after committing the instant crime; and (c) the Defendant’s age, character and conduct

It is so decided as per Disposition for the above reasons.

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