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(영문) 서울중앙지방법원 2014.01.08 2013고단6592
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D car.

At around 15:00 on July 25, 2013, the Defendant was in the atmosphere of signal to turn to the left at the seat of a volatile reading center at the intersection of Samsung Station distance, which is located in Samsung Station 168, Gangnam-gu, Seoul.

In this case, there was a duty of care to prevent accidents in advance by driving safely according to the new code to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and received the rear part of the right side of the motorcycle F 125cc motor bicycle driving by the victim E (the 33 years old) who was under the direct control of X-ray from the outside of the mast reading center due to negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as the inside of the right legle and the mouth, which require treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of damaged motorcycles;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order does not correspond to the victim's injury by shocking the victim by negligence and failing to turn to the left. However, the degree of injury of the victim is not minor. However, the defendant's time of committing the crime of this case and reflects the wrongness of the victim, the defendant has no means of punishment except punishment imposed once by fine, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and other sentencing conditions indicated in the records, such as the defendant's age, character and behavior, character and environment, shall be determined as ordered.

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