(영문) 서울중앙지방법원 2017.03.15 2016고단9598

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(영문) 서울중앙지방법원 2017.03.15 2016고단9598

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B, Grandroth.

On November 14, 2016, the Defendant driven the above vehicle at around 17:00, and started the two-lane road in front of the D gas station located in Dongjak-gu Seoul Metropolitan Government, with the large distance outflow from the new soil control room to the large distance outflow.

In such cases, the driver has a duty of care to safely drive the front left and right well and to prevent the accident from being delayed.

Nevertheless, the Defendant neglected this and changed the course from one lane to two lanes in the same direction, and the part on the right side of the victim E(FM5 years old), which changed the course from one lane to two lanes, was shocked into the part on the left side of the Defendant’s next left side.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., on the part of the injured vehicle, on the part of the injured vehicle, on the part of the victim G (the 25-year old-age-old), on the part of the injured vehicle, on the part of the victim H (the 5-year-old passenger), on the part of the victim H (the 5-year-old passenger), on the part of the injured vehicle in need of approximately two weeks of medical treatment; on the part of the injured vehicle, on the part of the victim I (the 2-year-old passenger), on the part of the injured vehicle, on the part of the victim I (the 2-year-old passenger), on the part of the rain base, tension, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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