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(영문) 서울북부지방법원 2015.04.30 2015고정578
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

In accordance with the facts verified by evidence, the facts charged are partly revised to the extent that it does not affect the guarantee of the defendant's right to defense.

On December 18, 2014, the Defendant driven B 124C Ski on B 22:30 C ski, and led to the progress of one-way passage on the side side of the house, which is not divided into two lanes from the Dowingro to the Dop of Gangseo-gu Seoul, Gangnam-gu, Seoul.

In this case, the driver has a duty of care to prevent entry into the road as one-way traffic road, so in such a case, he has a duty of care not to enter the road.

However, without neglecting the above duty of care, the Defendant violated the direction of safety signs indicating the prohibition of traffic, and immediately entered and proceeded by entering the place, and the upper part of the victim C (the 50-year-old age), which was prone from the right side of the course, conflict with the Defendant's upper part of the victim C (the 50-year-old age).

The Defendant suffered injury to the victim, such as brain salvina, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of the Act and subordinate statutes on the actual condition survey report and accident site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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