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(영문) 수원지방법원 안산지원 2016.03.25 2015고정1790
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who drives a vehicle B Raba.

On April 28, 2015, the Defendant driven the front road D, located in C at the time of lightlighting around 10:05, one-lane, one-lane from the right edge to the right edge of the Ri Ambassador.

Since there is a center of separation, the defendant who drives a motor vehicle has a duty of care to drive the motor vehicle safely without harming the central separation unit.

Nevertheless, the Defendant neglected to do so and went into the center of the victim E (39 years old) driving with one lane opposite to the other, brought a back side of the left side of the victim E(39 years old) driving, and caused the victim G (34 years old) driving with three lanes opposite to the other one due to this shock.

Thus, the defendant suffered from the injury of the victim E, such as internal sprinke, cerebral sprinke, etc., which requires approximately two weeks of treatment due to the above occupational negligence, and the victim G suffered from the injury of the spatum base in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act, at the time and place under the above paragraph (1) of this Article, destroyed each of approximately KRW 4,588,681 to repair the victim E’s vehicle, KRW 8,071,169 to repair the victim G vehicle, and damaged the central separation unit under the above paragraph (1) to repair KRW 935,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of E and G;

1. A fact-finding survey report and a traffic accident occurrence report;

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

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, Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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