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(영문) 서울동부지방법원 2013.06.11 2013고정785
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a BMW car.

At around 22:30 on September 26, 2012, the Defendant operated the said vehicle on the street front of 57-71, Dong-gu, Seoul Special Metropolitan City, and proceeded at an insular speed according to three-lanes between the 4-lane and the 57-71, Dong-gu, Seoul Special Metropolitan City.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by safely driving the traffic conditions on the front side and the right side.

Nevertheless, the defendant neglected this and did not confirm the safety on the front side and the left side, and did not discover that the D-si driven by the victim C (E. 45 years old) who was driving ahead of the same lane is trying to change the course into the two lanes, and did not enter the two lanes again, and did not look at the part of the victim's front part of the vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, physical damage equivalent to KRW 1,733,00, injury to the victim C, injury to catitis E (V, 48) in need of future treatment for about two weeks, and injury to the same F (V, 49) in need of future treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, each photograph, each diagnosis certificate, and written estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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