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(영문) 의정부지방법원 2013.06.12 2013고정631
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On December 19, 2012, around 19:30 on December 19, 2012, the Defendant used B 108C CA110S Orababain at a speed of about 40km per hour, depending on the three-lane distance direction from the Jinyang-si, Chungcheongnam-do, Chungcheongnam-do, Seoul Metropolitan City.

In such cases, a person who engages in driving duty has a duty of care to safely drive by checking well the right side of the front section, the left, and the right side.

Nevertheless, the defendant neglected to go on the right side from the left side because the defendant neglected to go on the front side.

중앙선 부근에서 잠시 멈칫하는 피해자 C(41세)을 위 오토바이 좌측 핸들로 충격하여 넘어지게 하였다

As a result, the Defendant suffered injury to the victim, such as the right-side non-furnal abandonment and the executive flag, which require treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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