(영문) 수원지방법원 안산지원 2016.11.16 2016고정1415

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(영문) 수원지방법원 안산지원 2016.11.16 2016고정1415

교통사고처리특례법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a proxy driver, who is engaged in the duty of driving B K5 cars.

On August 6, 2016, the Defendant continued to turn to the left from the west side of the Sinsan-ro, Anyang-do, Anyang-do, Anyang-do, to the left from the west side of the Sinsan-do.

Since there is a traffic signal, etc., in such cases, a person engaged in driving service has a duty of care to thoroughly drive the driver in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and negligently proceeded in violation of the signal, caused the victim C to have the right side of the two-wheeled automobile running from the side of the Gangseo-west Highway to the west-west side of the west-west west, which was directly driven by the signals, to the west-west side of the two-wheeled automobile, and caused the two-wheeled automobile to be damaged by the victim D, who driven on three-lane from the west-west side of the west-gu Seoul Metropolitan Government, the two-dimensional parts in front of the cab car driven by the victim D, who driven on the west-west side of the west-west-west.

As a result, the Defendant suffered injury to C due to the above occupational negligence, which requires six-day medical treatment, such as 'the alley of the end of the end of the river,' and the injury that requires two- weeks medical treatment due to 'the base of the river and the tension'.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Each report on investigation;

1. Relevant photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a selective fine (the occurrence of two victims due to the traffic accident in this case, but considering the confession and reflect of the accused, the fact that the accused is living together, and the fact that the accused has no previous penalty);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

참조조문

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