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(영문) 의정부지방법원 고양지원 2014.04.08 2013고정1174
교통사고처리특례법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:30 on February 16, 2013, the Defendant driven Czeman-man's car as his duties from the cellfriju to the entrance on the third side, while driving the Czeman-man's car.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the rear side and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to take care of the fact that the victim D (hereinafter referred to as the “victim”), who entered the third third party of the Marshed, was driven by the victim D (hereinafter referred to as the “39 years of age”), was shocked to the right side of the back part of the said car operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in a shoulder that requires approximately two weeks of medical treatment due to the above occupational negligence, and at the same time damaged the victim’s car by using the victim’s car as “a fishing ticket” and thereby damaging KRW 1,001,50.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made by a witness F in the third protocol of the trial;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the person involved in the D traffic accident;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning the crime;

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

1. Selection of an alternative fine for punishment;

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.

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