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(영문) 광주지방법원 2015.05.14 2015고정475
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is engaged in driving a small-scale car.

On February 3, 2015, the Defendant driving the above vehicle at around 08:27, and driving forward the front road of the modern automobile in the Southern-gu Seoul Metropolitan City in the direction of the inseminator and the inseminator at the inseminator's seat.

In order to proceed as an opposite lane, the internship was made at the speed of 10km per hour.

In this case, there was a duty of care to prevent accidents in advance by safely making an intern at the permissible point of internship to a person engaged in driving business.

Nevertheless, the defendant neglected to do so and spawns over the center line of yellow solid lines.

A victim D (year 41) crossing the road was shocked by the left-hand part of the vehicle driving by the defendant.

Ultimately, the Defendant suffered injury to the victim D by negligence in the course of performing the above duties, such as the deprivation of abandonment in light of the right, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident involving D;

1. Application of Acts and subordinate statutes to the de facto survey report, evidence photograph, and diagnostic certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Scope of recommending sentencing criteria: The scope of recommending sentencing criteria shall be chosen from among fines;

3. Determination of sentence: the negligence of the defendant and the degree of injury of the victim are disadvantageous; however, the fault of the victim crossing a road without permission also caused the instant accident; the vehicle of the defendant is covered by the comprehensive motor vehicle insurance; and the victim wishes to be punished by the agreement with the victim.

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