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(영문) 서울중앙지방법원 2018.06.21 2018고정1253
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 the duty of acting as an agent for BMW car.

On February 9, 2018, the Defendant driven the above car at around 03:10, and turn to the left at the left the two-lanes in the direction of salary string distance from the corner of the Gwanak-gu Seoul Special Metropolitan City C-do.

At the time, since it is a night and an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by putting a person engaged in driving of a motor vehicle at front, reducing speed, and safely driving the motor vehicle in accordance with traffic signals.

Nevertheless, the Defendant neglected this and operated the victim D(63 tax) who is proceeding to cross-section in accordance with the straight line of the signal, etc. under the opposite part by negligence in violation of the signal.

E-si part of the upper part of the E-si was received as the front part of the said car.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury to the victim F, who is the passenger of the said taxi, such as salt, tensions, etc., for about two weeks of treatment, including 26 years of age, dump dump, tensions, etc., which require approximately two-day medical treatment to the victim G (the passenger of the said vehicle) who is about 29 years of age, cump dump, tensions, etc., requiring approximately two-day medical treatment to the victim G (the passenger of the said vehicle) who is about 29 years of age, hump dump, tensions, etc., the same passenger H (32 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report, a report on the occurrence of a traffic accident, and a report on an investigation (Perusal of a black vehicle track);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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