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(영문) 서울중앙지방법원 2013.09.27 2013고단4615
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

At around 20:30 on May 31, 2013, the Defendant driven a car with Cro and proceeded with the road in front of Gangnam-gu Seoul, Gangnam-gu, Seoul, on which the one-way road road sign is marked. As such, the Defendant neglected his duty of care to operate the one-way road in accordance with the instructions indicated by the one-way road surface sign, and thereby, the Defendant sustained injury, such as the removal of the original abandonment, which requires about 8 weeks of treatment, by the victim D (the age of 40) driven by the victim D (the age of 40) driving the one-way road while neglecting the duty of care to operate the one-way road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the traffic accident situation or statement prepared by D;

1. Entry of a traffic accident report;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Although the degree of injury to the victim of reasons for sentencing under Articles 70 and 69(2) of the Criminal Act with detention in the workhouses, considering the following factors as favorable to the defendant: (a) the fact that the defendant does not want to be punished against the defendant by mutual consent with the victim; and (b) the defendant is the first offender and is living together with the confession of the crime; and (c) other circumstances shown in the arguments of this case, such as the defendant’s age, character and conduct, environment, circumstances leading to the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered

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