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(영문) 수원지방법원 성남지원 2015.09.25 2015고정766
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one 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 a freight vehicle with one ton of a Poter, a Postoposus.

On May 12, 2015, the Defendant driven the above vehicle at around 19:10 on May 12, 2015, and proceeded with the intersection in front of the Pakistan apartment in the transmitting-dong of Gwangju City from the side of the public health center to the front speed bus garage.

Since the location has a signal, there was a duty of care to drive a motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this by negligence in contravention of the signal, and conflict with the part adjacent to the driver’s seat of the victim D (the 49-year-old driver’s seat in front of the driver’s seat of the vehicle of the Defendant in front of the driver’s seat.

Ultimately, the Defendant suffered injury to the victim F (the victim 22 years of age, women) who is the passenger of the victimized vehicle due to the above occupational negligence, such as cerebral salinium requiring approximately two weeks of medical treatment, and injury to the victim G (the victim 31 years of age) requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report (1) (2);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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