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(영문) 서울북부지방법원 2013.11.14 2013고단2168
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 8, 2013, the defendant operated the above vehicle on September 8, 2013, and continued to turn to the left the front road of Samsung Digital Eflaser in Dongdaemun-gu Seoul Dongdaemun-gu 40-9, Dongdaemun-gu, with the view to moving to the gas station located on the part of the above Samsung Digital Eflaser.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to drive safely without harming the center line.

Nevertheless, the Defendant neglected this and neglected to turn left the center line, and thereby was negligent in driving the victim D(58 years old) who was facing the right side of the Defendant’s driver’s car at the right side of the direction.

As a result, the Defendant suffered injury to the victim, such as the 5th executive members of the Han River Management Act, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on occurrence, actual condition, and supplement statement of D traffic accidents;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. The circumstances and results of the crime indicated in the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act, including the circumstances before and after the crime, the age and environment of the defendant, etc., shall be taken into account, and the circumstances which have been agreed with the victim in particular shall be taken into account.

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