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(영문) 서울중앙지방법원 2016.11.29 2016고정2959
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person driving a passenger car with B low-speed car.

On December 18, 2015, the Defendant operated the above car at around 13:44 on December 18, 2015, and proceeded with five-lanes in the direction of the 316-lane-dong, Gangnam-gu, Gangnam-gu, Seoul, in the direction of the shooting distance of the lux apartment in the direction of the lux apartment, the Defendant had a duty of care to live well in the front left and safely drive the vehicle to prevent accidents from occurring.

Nevertheless, the Defendant neglected to do so and led the part behind the D C in the front direction of the vehicle in front of the vehicle in front of the Defendant driving to the front direction of the vehicle in front of the vehicle in front of the Defendant, and led the victim E (e.g., 36 years old) who was standing in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without a driver’s license for a temporary border under paragraph (1) and driven B low-speed car at a section of about 20 km from the point of influence to the road front of the Mapo-dong, Gangnam-gu, Seoul Metropolitan Government (Seoul) 316.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Medical certificates (E);

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

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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