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(영문) 서울북부지방법원 2016.12.15 2016고정1896
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On 23:40 on 29. 201. 29. 201, the Defendant driven the above vehicle, and driven the road in the front of the Seoul Jung-gu Seoul Metropolitan Government D from the west bank to the speed of 124 km each hour between the two lanes in the direction of the monthly hill intersection.

Since the location is 80km in each hour at the speed of 80km in the breadth of the Northwest-lane, the driver of the vehicle has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brake system accurately.

Nevertheless, the defendant neglected to do so and 44 km or more at every hour.

Along with the driver's license of the victim E(E, South, 49 years of age), the driver's license of the FMM is booming the back of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to such occupational negligence.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Legal statement of witness G;

1. Statement of traffic accident occurrence situation in preparation E;

1. A written diagnosis of E;

1. (1) On-site investigation reports, comprehensive traffic accident analysis answers, and application of Acts and subordinate statutes for delivery of the results of handling traffic accidents civil petitions;

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

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

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

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