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(영문) 서울서부지방법원 2015.02.03 2014고정2412
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 drives a vehicle B with low-speed.

On September 15, 2014, the Defendant driven the above vehicle on September 19:20, and proceeded at the speed of 40km/h (Driver’s statement) in the direction of the Hong National University, Hong National University, located one lane in front of Mapo-gu Seoul, by driving the above vehicle at a speed of 40km/h (Driver’s statement).

There is a center line of yellow solid lines.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in the front line and safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected to do so, and instead, the defendant intrudes the center line of yellow solid lines and proceeds as one-lane opposite to it.

From the right direction of the vehicle, the victim D (the age of 58) crossing the road in the direction of the left-hand side of the vehicle conflict with the other part on the right side of the vehicle.

Ultimately, the Defendant suffered injury, such as cageage cages, which requires approximately four 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 to a report on investigation (Submission of a medical certificate for a victim), investigation report (for the central intrusion of the vehicle under command, the result of the video reading of the vehicle under command);

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

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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