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(영문) 서울동부지방법원 2015.08.19 2015고정1122
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On March 6, 2015, the Defendant driven the above car at around 23:20, and led to a three-lane road near the 11-lane in Seongdong-gu Seoul, Seongdong-gu, Seoul to proceed along one-lane of sexual investigative distance from the surface of the water area to the surface of the space.

At the time, the signal, etc. is installed, and at the time, the defendant had been engaged in driving service in order to proceed with the opposite line. In such a case, the person engaged in driving service had a duty of care to make the internship safely in accordance with the new subparagraph at the permissible point for the internship.

Nevertheless, the Defendant neglected this and did not discover the dalobane of the victim C(23 years old) driving on the opposite lane, which was going on the opposite lane by the negligence of violating the signal even though it was a straight signal at a place other than the U.S. permissible point, and did not discover the dalbane of the victim C(23 years old) in front of the Defendant's car right side.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above business, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report (1, 2);

1. Investigation report (any statement of a suspect, statements of a victim, etc.);

1. Photographss of vehicles, two-wheeled vehicles, and accident sites;

1. Images of video materials;

1. Application of Acts and subordinate statutes of a medical certificate;

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. 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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