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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단1745
교통사고처리특례법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a set of car B.

At around 17:30 on May 15, 2016, the Defendant: (a) was negligent in the course of performing duties, while driving the said vehicle on the front side of the D cafeteria located in Pakistan, and driving it into the Sungdong IIC room in the Sungdong street room; (b) caused the injury of the victim E driver’s FNAS in front of the left side of the Defendant’s vehicle that took place on the left side of the Defendant’s driver’s vehicle, and caused the said victim to undergo approximately two weeks of medical treatment; (c) the injury of the NAS passenger’s G in the NAS car requiring approximately four weeks of medical treatment; and (d) the victim H of the same passenger’s vehicle suffered from the injury, such as the fluoral sect, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is as follows: (a) the degree of negligence is heavy in light of the circumstances surrounding the instant accident; (b) the number of victims is large; and (c) the degree of injury is not easy

However, a favorable circumstance should be taken into consideration that the defendant seems to be a first offender and reflective figure, and that the defendant agreed smoothly with the victims of the last year.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, occupation and career, family relationship, motive and background of the crime, details of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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