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(영문) 서울서부지방법원 2020.04.07 2019고정589
교통사고처리특례법위반(치상)
Text

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

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 a motor vehicle B (temporary number plate).

Around 00:10 on February 18, 2018, the Defendant came to run the intersection of Mapo-gu Seoul Metropolitan Government C in the direction of the horizontal distance from the upper and upper road.

Since there is a place where traffic is controlled by signal apparatus, in such a case, the person engaged in driving service has a duty of care to check whether there is a vehicle passing through the intersection by reducing speed and checking well the front left, while driving the vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and got the victim D(63 years of age) driving in front of the left-hand part of the victim D(63 years of age) driving in the direction of the process from the right-hand side to the left-hand side in accordance with the Madar signals when the Defendant was negligent in driving in violation of the signal and received the front-hand part of the Defendant’s driving vehicle.

The Defendant, by occupational negligence, sustained injury to the victim F (the age of 47) who was on board the damaged vehicle requiring medical treatment for about two weeks, and suffered injury such as dump dump dump, etc., which requires medical treatment for about four weeks to the victim G (the age of 43).

Summary of Evidence

1. An interrogation protocol of the police against the accused;

1. A written statement;

1. A survey report on the actual condition of ICCS and a report on the occurrence of a traffic accident;

1. Application of each written diagnosis (D, F, G) statute;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant’s crime of this case led to the injury of the victims in three names, and the injury suffered by the victim G.

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