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(영문) 의정부지방법원 2019.01.24 2018고정1737
교통사고처리특례법위반(치상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a set of car B.

around 19:40 on May 14, 2018, the Defendant driven the said car at the intersection of the two-lane speed in front of C in order to drive the said car at a speed that would not be known to the “math-top ginseng distance” on the side of the “math-on”.

Since there is a long distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a vehicle passing through the intersection by checking well the front side of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code to prevent the accident in advance.

Nevertheless, by negligence in contravention of the signal, the Defendant got out of the victim D (the 40-year-old) driving bypassing to the “Mam-to-Mamp third-distance” distance from the “Mam-to-Mam-Mamp Station,” followed by the left-hand side of the cruise car, and received the parts of the vehicle behind the right-hand side

The Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt and tensions, which require approximately two weeks of medical treatment, and at the same time, damaged the victim’s driver’s car to have the sum of KRW 3,746,776, which is KRW 3,776,00.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident site photograph, an on-site map, a traffic accident scene map, a statement of the occurrence of a traffic accident, a diagnosis document, a written request for repair expenses, and an investigation report (with respect to matters of damage and insurance covered by a suspected vehicle);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 3 (1) and the proviso of Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation and bodily injury caused by occupational negligence) and 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. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are examined, and the defendant is the case.

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