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(영문) 광주지방법원 순천지원 2016.05.19 2015고단2569
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 15, 2015, the Defendant driven the above car at around 07:40 on September 15, 2015 and proceeded at a speed of about 30 kilometers per hour in the direction of the dead-forest apartment.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code and prevent the accident by driving the motor vehicle, and to ensure that the driver of the motor vehicle has a duty of care.

Nevertheless, even though the Defendant neglected this, the Defendant got the front right side of the Defendant’s car driving Dol125S Orala, which was proceeding in accordance with the new direction in the direction of Soracheon in the direction of the original death village, due to the negligence of proceeding as is, received the front right side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim C, such as brain-dead sugar, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and suffered injury to the victim E, who was on board the back of the above Oral wave, for about eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Evidence and photographs of the traffic accident scene;

1. Blue images of black stuffs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant repents his mistake, and the victims want to be punished by agreement with the victims.

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