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(영문) 서울동부지방법원 2012.12.26 2012고단2813
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

At around 01:00 on September 27, 2012, the Defendant proceeded along the three-lanes from the distance from the village along which Gangdong-gu Seoul Metropolitan City road is located in front of 180-2, to the Western IC, along the five-lane roads.

In this case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in accordance with the new name.

Nevertheless, the Defendant neglected this and got off the front part of the victim C (the age of 43) who gets on the crosswalks according to the Mad pedestrian pedestrian signal while the vehicle was changed to a stop signal. However, the Defendant got off the front part of the victim C (the age of 43) with the front fences of the said car.

As a result, the Defendant suffered injury, such as double ducts, which require approximately eight weeks of medical treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Each statement of D, E, and F;

1. Three copies of on-site inspection photographs and of the black stuff images submitted by the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

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 According to the Selection of Punishment, and Article 268 of the Criminal Act /

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act with respect to the detention of the workhouses is that the defendant was driving a motor vehicle in violation of the signal and the accident in this case occurred, and that the degree of damage suffered by the victim of the accident in this case is serious is disadvantageous to the defendant

However, since a motor vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, and the defendant has no criminal power prior to the accident of this case, there are favorable circumstances for the defendant, such as the defendant's age and character, all these circumstances are conditions for sentencing, such as punishment.

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