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(영문) 서울중앙지방법원 2017.07.19 2017고정1091
교통사고처리특례법위반(치상)
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 a BM car.

On October 02, 2017, the Defendant driven the above vehicle around 08 01:00, and proceeded at a speed of about 40 km along the sub-section 4-lanes of the sub-section 4 lanes in the parallel of the sub-section in the air room in Dongjak-gu Seoul Metropolitan Government.

On the other hand, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed in violation of the signal, and the victim C (55) who driven the said intersection by using the signal from the right side of the shooting distance to the left side of the road at the right side of the road, was found to have immediately discovered the DNA rocketing vehicle driven by the victim C (555) who driven the said intersection, and followed the bring, but the bring part of the damaged vehicle, which did not avoid this, conflict with the left part of the damaged vehicle in front of the Defendant vehicle.

As a result, Defendant 1 suffered injury, such as salt, tension, etc., in need of approximately three weeks of treatment by negligence in the course of performing the above duties, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes of the de facto investigation report, traffic accident occurrence report, statement of traffic accident occurrence situation, statement of traffic accident situation, diagnosis report, photographs at the time of the accident, black stuffs image, and the next red inquiry;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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