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(영문) 의정부지방법원 2013.11.29 2013고단2373
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 19, 2013, the Defendant: (a) driven the said car on May 15, 2015:08, and (b) discovered that the instant car was driven by the victim C (the age of 85) in the front direction of the Dong Industrial Complex, Dongwon-gun, Dongwon-gun, Dongwon-gun, Seoul, about the two-lane road from the 1st century to the odial 4stm in the direction of the odago, while driving the said car from the front direction, and led to overtaking the said odago.

At this point, it is a road of one lane and the center line of yellow solid lines are installed, so it is impossible to overtake, and even if overtaking is made, it has a duty of care to overtake it to return to the original lane, after checking the termination of overtaking.

Nevertheless, the Defendant neglected to do so and did not secure sufficient interval with the above Otoba while overcoming the central line, and caused the victim to go beyond the floor by the negligence of wrong determination that the Defendant had completely overtaking the Otoba and returned to the original lane, making the above Otoba abund part of the right top and the sloping part of the above Otoba, with the upper right top and the sloping part of the above Otoba.

Ultimately, the Defendant suffered injury to the victim, such as cerebral cerebral cerebrovassis, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (information obtained fromCCTV image data), CCTV image data;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Although there is an injury to a victim of a fine under Article 268 of the Criminal Act, such as the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, the Defendant was a primary offender who has no criminal power in the past, and the Defendant was covered by a comprehensive insurance policy and agreed with the victim.

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