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(영문) 수원지방법원 안산지원 2018.04.13 2018고정104
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

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 a vehicle in the amount of vehicle C.

On August 6, 2017, the Defendant driven the above vehicle at around 14:05, and, at the time of Siging, proceeded at a speed of about 62 km from the boundary of the new city to the plane stack.

At the time, its location is a section with a speed of 40 km a speed of speed, so the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to accurately manipulate the steering direction and brakes while driving the front door and observing the speed and to prevent accidents due to smoke.

Nevertheless, the Defendant neglected to do so and was driven by the victim D(43 cm) who stops at the bed bed, due to occupational negligence, going at a speed exceeding about 22 km per hour, compared to the speed of the restriction, and was driven by the Defendant’s front offender of the vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as brain-dead, etc. without an open room in the head requiring approximately 3 weeks of treatment, injury to the victim F (V, 39 years of age), injury to the brain-dead, etc. without an open room in the head requiring approximately 6 weeks of treatment, injury to the victim vehicle G (7 years of age) for the victim vehicle G (7 years of age) with no head open room in the head requiring approximately 2 weeks of treatment, and injury to the victim vehicle H (5 years of age) of the victim vehicle due to the brain-dead, etc. without a head open room requiring approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Reports on the occurrence of a traffic accident and site photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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