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(영문) 서울중앙지방법원 2018.10.22 2018고정2102
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On March 2, 2018, the Defendant operated the above car at around 23:00 and did not regulate the traffic of the vehicle in front of Gangnam-gu Seoul Metropolitan Government to proceed to the intersection of the side road. Therefore, the Defendant had a duty of care to yield the way to the vehicle when there is a vehicle that is already entering the intersection and prevent the accident in advance.

Nevertheless, if the defendant neglected this and tried to make a right-hand, the victim D ( South, age 36) who first entered the intersection from the left-hand side of the course to the right-hand side of the ESP car, which was driven by the defendant, was the front side of the ESP car driving in the right-hand side.

Ultimately, the Defendant suffered, from the above occupational negligence, the victim D and the victim F, who was on board the head of the passenger car operation zone (at the age of 23) about 2 weeks of medical treatment, and the chills and tensions, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report and a report on investigation (the statement of the victim);

1. Evidence photographs and documentary evidence photographs (the photographs of a CCTV images for the purpose of protection);

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines concerning facts constituting an offense;

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

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