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(영문) 수원지방법원 안산지원 2017.05.17 2017고정330
교통사고처리특례법위반(치상)
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 Cone Star Co., Ltd.

On January 6, 2017, the Defendant proceeded at an insular speed along the four-lanes in the direction of a water-based industrial road in the center, which is located in Sungpo-dong, Seopo-dong, Seopo-gu, Seopo-si, Seopo-si, Seopo-si.

In this case, a person engaged in driving service has a duty of care to observe and drive the signal so that it does not interfere with the traffic of other vehicles due to signals such as signal.

Nevertheless, as long as such duty of care is neglected, when the signal is suspended, the victim D (65 years, South) who is directly engaged in the right-hand line with the signal breach and entered the intersection, and the victim D (65 years, South) has fully discharged the E QL125 motor bicycle.

In the end, by occupational negligence, the victim D suffered injury, such as catitis, which requires approximately 2 weeks of medical treatment, from the victim FF who was on board the seat, such as a 1 watershed around the left 4 weeks of medical treatment, which requires approximately 63 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

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

1. Selection of an alternative fine for punishment;

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

1. Reasons and favorable circumstances for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The age and health of the defendant is not good, the economic situation of the defendant is difficult as a recipient of livelihood benefits, etc., the degree of violation of the duty of care of the defendant and the result of such violation is not easy;

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