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(영문) 서울남부지방법원 2018.05.31 2018고단1359
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 19, 2018, the Defendant driven CMW X5 car on 04:48, and proceeded along the four-lanes in front of the remote distance in the mountain railway station located in 282 as the airport of Gangseo-gu Seoul Metropolitan Government at the airport of Gangseo-gu, Gangseo-gu, Seoul, along one-lanes from the remote distance in the city of Gangseo-gu, and proceeded to turn to the right right at about 40km in speed towards the west of the mountain.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to prevent accidents by safely driving the front door and the left and the right of the driver and driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front part of the victim D(58) E L-W car, which was placed in accordance with the new code, from the opposite side of the right-hand turn in contravention of the signal, as the front part of the BM car.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the left-hand gate, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of an alternative fine for punishment;

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

1. There are also favorable circumstances, such as the fact that the degree of injury to the reason for sentencing under Article 334(1) of the Criminal Procedure Act is serious, the fact that the defendant is disadvantageous to the defendant, the fact that the victim does not want to be punished, the defendant deposited 7 million won for the victim, the fact that the defendant's record of punishment was only one time before the fine for the past several years, and that the defendant is relatively old.

The defendant shall be punished by a fine in full view of such various circumstances as the family environment and economic ability of the defendant and the sentencing conditions prescribed in Article 51 of the Criminal Act.

(b) for more than one year.

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