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(영문) 의정부지방법원 2015.12.03 2015고정772
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On December 31, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) runs straightly in the face of “Liguei government Police Station” in the 111-lane, which is located in the Doc-si Office of the Government of the Government of the Gu, from the Doc-si, on the Doc-si Office of the Government of the Gu.

The defendant's cargo vehicle's front part of the victim D(44 years old) who had been waiting for the signal behind the cargo vehicle operated by the defendant due to occupational negligence, which neglected the duty to operate the brakes properly, caused the victim to suffer the injury of the "inteult salt" requiring approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at least 200-300 meters away from a public parking lot near the above accident site to the above accident site under the condition of 0.137% of alcohol concentration in blood at the same time as the preceding paragraph.

Summary of Evidence

1. Legal statement of witness D;

1. A traffic accident report or an occurrence of a traffic accident;

1. The circumstantial statement of a host driver (excluding part of the departure point and distance from the place of detection);

1. Photographs;

1. Application of written estimates and written diagnosis to statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Aggravated Injury caused by Occupational Negligence, Selection of Fines) and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of negative driving, and Selection

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The non-guilty part of Article 334(1) of the Criminal Procedure Act concerning the driving distance of the part concerning the violation of the Road Traffic Act among the facts charged in the instant case is examined.

The Defendant was driving approximately approximately 200-300 meters from a public parking lot near the place of accident, and it is high time.

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