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(영문) 서울중앙지방법원 2017.06.12 2017고정149
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

On November 19, 2016, the Defendant driven D QM5 car around 19:20, and proceeded with the two-lanes in the tunnels No. 2, Jung-gu, Seoul, Jung-gu, Seoul, as the front end of the 123 South East-gu, the two-lanes of the tunnel No. 2, as the front end of the front end.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the driver system of the motor vehicle and safely driving the motor vehicle in his/her surroundings.

Nevertheless, the Defendant, due to the negligence of neglecting the front city of the Defendant, led the back part of the Fra car driven by the Defendant E ( South, 42 years old) on the front side of the Defendant’s vehicle and led the Defendant to continuously see the back part of the Fra car driven by the Defendant’s G (W, 47 years old) with the front part of the Defendant’s vehicle, and due to the shock, the FO5 car driven by the Defendant’s G (W, 47 years old) and the victim I (V, South, 40 years old) with the rear part of the FM5 car driven by the Defendant’s G.

Ultimately, the Defendant suffered injury to the victim E due to the above occupational negligence, as shown in the List of Crimes in the attached Table, by causing about three weeks of medical treatment to the victim E, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report, a report on actual condition investigation, a photo of an accident vehicle, a tea-book, a black-recording video CD;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (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. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. The Defendant and the defense counsel repaired the Defendant’s driver’s vehicle for QM5 passenger cars (hereinafter “Defendant’s vehicle”) for the victim E-driving vehicle (F; hereinafter “victim 1”).

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