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(영문) 서울북부지방법원 2014.12.11 2014고단2850
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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 C 110cc.

Around 20:00 on April 21, 2014, the Defendant driven the above Oralba, and driven the 22nd five lanes of the Dobong-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul, with four lanes of the width of the U. S.A. from the end rock bank to the direction of the 40km.

At all times, there are frequent traffic of vehicles and crosssections where signal apparatus is installed in the front door, so the Defendant engaged in driving service has a duty of care to reduce the speed and to properly see the left and the right of the front door, while driving the vehicle safely according to the traffic signal in advance to prevent accidents.

Nevertheless, when the defendant neglected this and continued to proceed with a vehicle stop signal, the defendant's driver's operation of the victim D (the 70-year-old driver's age) driving of the victim D (the 70-year-old driver's age) who was driving on the right side of the Otoba road in the direction of the direction of the direction of the Otoba of the defendant's Otoba, with the front qui part of the defendant's Otoba, and caused the victim to go beyond the floor.

The Defendant suffered from an injury to the victim, such as an acute climatic blood transfusion, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

1. Articles 70 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.

The reasons for sentencing include: (a) the Defendant neglected his duty of care in front of the State; and (b) caused the instant accident and relatively serious injury to the victim while driving in violation of good faith; (c) however, the Defendant is a primary offender who has no criminal history up to the instant case and is a university student.

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