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(영문) 서울남부지방법원 2018.10.30 2018고단2567
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 17, 2018, around 08:28, the Defendant driven a DSS3 car, and turned to the left at a speed of about 2 km per hour in the direction of salt creation, such as 591 and 5-lane in front of the Red Cross blood center in Gangseo-gu Seoul Metropolitan Government, at the airport of Gangseo-gu, the Defendant turned to the left at a speed of about 2 km in the direction of salt creation.

Since the location is an intersection with signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to make sure of signal apparatus and prevent accidents by driving the motor vehicle in accordance with the signals.

Nevertheless, the defendant neglected this and neglected to turn to the left, and caused the victim E (56) driving in the middle bus having a lane of the same direction as the left-hand turn in violation of this, to have the right-hand part of the victim E (56) driving in the F City bus in front of the route bus in the city.

Defendant 1 suffered respectively injury from 15 persons, such as the victim G (V, 34 years old), who was on board a route bus due to such occupational negligence, as shown in the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement of the occurrence of E traffic accidents;

1. Each written diagnosis;

1. Application of the Trabbbbbbbs film laws and regulations

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

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. The fact that multiple victims have caused multiple reasons for sentencing under Article 34(1) of the Criminal Procedure Act, and the fact that the degree of damage is serious is disadvantageous to the defendant.

However, the fact that it is a criminal first offender, the fact that it was covered by comprehensive insurance, and the fact that it was agreed with all victims is favorable to the defendant.

In light of these various circumstances, the defendant is punished by a fine, comprehensively taking into account the sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment.

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