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(영문) 서울남부지방법원 2015.07.16 2015고단1535
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 D dump trucks.

On March 13, 2015, at around 17:05, the Defendant was running from the 214 Mountainous Station near the airport of Gangseo-gu Seoul, Gangseo-gu, Seoul to the 214 Mountainous Station.

There is a place where the center line of yellow solid lines is installed, and as a person engaged in driving motor vehicles, there was a duty of care not to be a U.S. driver, who is engaged in driving motor vehicles.

Nevertheless, the Defendant, who was driven by the injured party E (the age of 55) who was injured by the negligence of the central line, was shocked into the front part of the Defendant’s vehicle.

As a result, the Defendant caused the victim to suffer injury to the victim, such as the blood transfusion, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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

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

1. Although the liability for the crime is not minor in light of the defendant's negligence and degree of damage, etc. in sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account all the factors such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., except that the defendant recognized and reflected the crime, that the defendant agreed with the victim, that there is no criminal records except that the defendant was punished by a fine on several occasions due to a violation of the Road Act

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