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(영문) 서울남부지방법원 2018.06.05 2018고단1759
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving a BM5 vehicle.

On February 19, 2018, the Defendant driven the above car at around 18:30 on February 19, 2018, and led to the intersection of 5 and 6 private streets located in the Dong-dong, Yangcheon-gu, Seoul, Yangcheon-gu, to the boundary of the Paris Park.

At all times, vehicle signal apparatus has been installed, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by making it possible for the person engaged in driving the motor vehicle to live well.

Nevertheless, the Defendant neglected this and was driven by the victim C (59) of the DCA110V two-wheel automobiles driving on the left side of the front side by negligence in violation of the signal of the front side, which was driven by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slots that require approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement prepared by C;

1. A traffic accident report;

1. Report on internal investigation (verification of black stay images);

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Selection of an alternative fine (the degree of injury inflicted upon the victim, which is heavier than the negligence of the defendant, is important, but considering the fact that the victim and the victim have agreed smoothly, the first offender, etc.);

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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