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(영문) 서울중앙지방법원 2015.08.12 2015고정1977
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

Around 17:40 on February 28, 2015, the Defendant driven the above car and came to enter the front of the building at the Gangnam-gu Seoul Gangnam-gu Seoul underground parking lot.

At this point, there was a center line of yellow domin line, so in such a case, there was a duty of care to prevent accidents in advance by passing the center line to the right side of the center line.

Nevertheless, the defendant neglected this and tried to find the E-Wurt Motor Vehicle in the victim D(28 years old, South) driving in the opposite opposite lane due to the negligence beyond the center line of the yellow point line through the space between the vehicles parked, and to avoid the collision.

However, the part on the rear side of the victim's driver's seat was received as the part on the front side of the driver's seat of the victim's vehicle without being faced by the defendant.

As a result, the Defendant suffered from the said victim’s cruption requiring approximately two weeks’ medical treatment due to the above occupational negligence, and suffered from the victim F (F, South and 28 years of age) who was accompanied by the victim’s car, about two weeks’ treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement on the occurrence of each traffic accident prepared in D or F;

1. Each written diagnosis (D, F);

1. A traffic accident report;

1. Application of Acts and subordinate statutes on video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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