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(영문) 서울북부지방법원 2017.06.01 2017고단1412
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with B's cryp cryp cryp.

On March 7, 2017, the Defendant driven the above car at around 19:03, and turn to the left from the direction of the Matri Hospital in Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

Since the location is an intersection where signal lights are installed, there was a duty of care to prevent accidents, such as complying with the signal of the front section, keeping the front section and the left and the right, accurately operating the steering and steering system, etc. for the person engaged in the driving of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to turn left the right and left at the front side, and was driven by the victim C (59) who was driven by the victim C(59) in the opposite lane to the right and left by the Defendant as the front part of the D-W car by the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs by taking a survey report, each vehicle photograph, on-site photograph, diagnostic certificate, and black stuff image images;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act lies in the accident of this case by gross negligence that the defendant entered the intersection in violation of the signal, and the degree of injury inflicted on the victim by the accident of this case is not less than that of the victim, and even if the accident of this case does not reach an agreement with the victim, consideration is given to the disadvantage that the defendant recognizes the crime of this case and reflects the wrong fact, and the

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