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(영문) 서울북부지방법원 2017.08.10 2017고단1918
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four 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 a motor vehicle with sod motor vehicle B.

On April 29, 2017, the Defendant driven the above car at around 05:38, and proceeded with the intersection in front of the Seoul Jung-gu Seoul Metropolitan Government, Jung-gu, the intersection at the right intersection to the ebblurg of the Sin-dong.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as safe driving in accordance with the traffic signals on the front side.

Nevertheless, the Defendant neglected this and went to the right side of the victim D (52 ) who was driving on the left side from the right side of the proceeding direction due to the negligence of disregarding the stop signal of the front side and entering the above intersection, and led to the left side of the victim D (52 ) who was driving on the left side of the road.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the escape of the shoulder gate, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) On-site investigation, a statement of the occurrence of each traffic accident (D.F) and the application of Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the occurrence of the instant accident by gross negligence that the Defendant entered the intersection in violation of the signal, taking into account unfavorable circumstances such as the fact that the victim was seriously injured by the instant accident, the fact that it did not reach an agreement with the victim, etc. It is advantageous to the fact that the Defendant recognized the instant criminal facts and reflects the mistake, the vehicle operated by the Defendant is subscribed to comprehensive insurance, and the Defendant has no record of criminal punishment for the past.

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