(영문) 서울중앙지방법원 2016.03.30 2016고단337

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(영문) 서울중앙지방법원 2016.03.30 2016고단337

교통사고처리특례법위반

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 31, 2015, around 18:40, the Defendant operated a car of B Tradon XG, and was in the left turn on the two-lanes of the two-lanes in front of the intersection of Jongno-gu Seoul, Jongno-gu, Seoul, the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes in front of the intersection of the tomb.

In this case, the driver had a duty of care to operate in a safe way by accurately manipulating the front bank and the left and left well, and accurately manipulating the brake system, etc.

Nevertheless, the Defendant neglected this and proceeded in the same way as it is, due to negligence, and the vehicle signal was changed to a green signal, and the victim C (V, 54 years old) who proceeds along the two-lanes of the two-lanes in front of the same grave from the surface of the bed, along the two-lanes of the road in front of the same grave, was placed on the top of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s occupational negligence, which caused approximately eight weeks of medical treatment to the left-hand side of the lower-class hospital in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. On-site reports (related to the verification ofCCTV), CCTV photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a selective fine (the degree of injury suffered by the victim is heavy, but the left-hand turn to the left at the intersection where the left-hand turn is located at the right-hand left-hand turn and the error of the defendant is heavy in the light of the circumstances of the accident;

It is difficult to see that the defendant deposited 4 million won for the victim, and considering other sentencing conditions, such as the age, sex, environment, and circumstances after the crime) of the defendant.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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