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(영문) 수원지방법원 2017.01.19 2016고단6930
교통사고처리특례법위반(치상)
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On August 31, 2016, the Defendant was driving the above vans around 22:00, and the Defendant was driving the intersection of the shooting distance in front of the Sejong Postal Office, which contributed to the literature of Osan City, along one-lane from the National Highway to the Godo Park.

Since there is an intersection where signal lights are installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle passes through the intersection by checking well the front side, and to prevent accidents by driving safely according to the new code.

Nevertheless, the defendant neglected this and caused the victim C (18 Does) to have the front part of the above Hatoba driven by the victim C (18 Does) who was driving under the direct Jinho on the part facing the negligence of the straight line, in which the U.S. is prohibited from a U.S., in violation of the signal.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the body body felball, accompanied by a felball that requires approximately 14 weeks of treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the scope of recommendations) of the Criminal Act, which shall not apply to the selection of fines and sentencing guidelines.

[Determination of the sentence] The defendant is against the defendant, the degree of injury of the victim is not weak, but the victim agreed with the victim, the victim seeks a preference against the defendant, the motor vehicle comprehensive insurance is covered, there is no previous conviction, the defendant's age, sex, environment, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act are considered.

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