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(영문) 광주지방법원 2018.06.14 2018고단1381
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a ice vehicle B.

On March 19, 2018, the Defendant driven the above vehicle on March 21, 2018, while driving the vehicle at around 21:25, the Defendant proceeded along the two-lanes of the Seo-gu Police Station, Seo-gu, Seo-gu, Seo-gu, Seoul, with the shooting distance slope in the Seo-gu Police Station.

Since the speed of restriction is 60 km per hour and the passage of the vehicle is frequent due to the location around the apartment, the defendant engaged in driving of the motor vehicle has a duty of care to observe the speed limit and safely proceed by checking well the right and the right of the road and prevent the accident from occurring.

Nevertheless, as the Defendant neglected to do so and proceeded at a speed exceeding 50 km, 115.4km per hour and 120.3km, the Defendant was negligent in driving by the victim D (28 tax) who changed the two lanes from the right direction direction of the Defendant, along the two lanes of the above road.

The left side of the EMW vehicle was driven by the Defendant with the upper right side of the said vehicle.

As a result, the Defendant suffered from the victim D with approximately three weeks of medical treatment due to the above occupational department and office, and the victim FF who was on board the vehicle operated by the Defendant suffered approximately six weeks of medical treatment. The Defendant suffered a variety of cages of cages that require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a D traffic accident, and a statement of F;

1. A survey report on actual conditions;

1. Reports on internal accidents (the results and age of the Road Traffic Authority, classification of vehicles under consideration, management, etc.), and analysis of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the scene of an accident, vehicle photographs, black booms photographings;

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

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

1. Selection of an alternative fine for punishment;

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

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