(영문) 서울북부지방법원 2017.08.10 2017고단2326

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(영문) 서울북부지방법원 2017.08.10 2017고단2326

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives B ES50D Orala on duty.

On October 22, 2016, the Defendant driven an over-to-face 20:30 on the 2016. On the 20th 2nd 2nd 1st 2016. On the 3rd 2nd 1st 2nd 1st 2nd 1st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd

Since the point of accident is where the center line is installed at the center of the road, all drivers have a duty of care to safely proceed to the right-hand side of the center line.

Nevertheless, the victim D (52) who crosses the left side of the center line without permission from the right side of the proceeding direction due to the negligence of driving ahead of the center line of the road, has been faced with the front part of the Otoba, and the victim suffered injury in need of medical treatment for about 8 weeks due to the closure of the upper part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs of the scene of accidents, and medical certificates;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim was injured by the accident in this case, the degree of violation of the defendant's duty of care in the occurrence of the accident in this case, the agreement with the victim was not reached, and the defendant had a record of punishment for the same kind of crime in the past. It seems that the defendant recognized the crime in this case and reflects the mistake, the victim's unauthorized crossing could have an impact on certain degree of the occurrence of the accident in this case, and the defendant has no special criminal record except for the punishment for a violation of the previous Act on Special Cases concerning the Settlement of Traffic Accidents, and there are family members to support the defendant.

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