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(영문) 수원지방법원 2016.09.21 2016고단1992
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK5 vehicles.

On January 21, 2016, around 23:53, the Defendant continued to run approximately 41 to 50km each hour, depending on the two-lanes, from the dong of the Dong of the Young-gu, Suwon-si, the Sinwon-si, to the light teacher distance from the tunnel gate of the tunnels.

The driver, who is negligent in performing his duty of care to see and drive the front and the front part of the Defendant’s vehicle, due to traffic accidents at the bend and the front part of the motor vehicle, was shocked by negligence while neglecting the duty of care to see and drive the front and the front part of the motor vehicle in the front and the front part of the motor vehicle in the event of the accident at the bend and the above rocketing motor vehicle was pushed into the front part of the rocketing motor vehicle in the front part.

Accordingly, the Defendant suffered from the injury of the victim F(22 3) and the victim G (26 3) who is the passenger of knife car by negligence in the above business operation as above, such as salt, tension, etc. for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. Reporting of a traffic accident (1) (2);

1. Application of each written diagnosis (F, G) statute;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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 a fine for selective punishment (including erroneous recognition, absence of negligence prescribed in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the degree of injury to victims is relatively minor, and there is no record of criminal punishment except for one-time previous offense);

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

1. The part dismissing a public prosecution under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D and E, and the violation of each road traffic law);

1. The Defendant, as indicated in the facts charged, caused a traffic accident by negligence in the course of business, against the victim D.

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