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(영문) 서울중앙지방법원 2016.01.27 2015고단7611
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C low-speed.

On November 11, 2015, the Defendant driven the above car at around 20:10, and was driven by the Defendant, at the night in Gangnam-gu, Gangnam-gu, Seoul, for three-lanes from five-lanes in front of the police box box near Sejongdong, to the Seoul Airport Myeondo in Seoul.

The location had a duty of care to reduce the speed of persons engaged in driving along the intersection where signal, etc. is installed, to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with the change of the vehicle driving signal while disregarding that the vehicle driving signal is changed, and caused the collision of the victim D(38) driving Eba in accordance with the new Hun-Ma in the area of the air room in Mung-gu, Seoul, with the front part of the above high-speed car.

As a result, the Defendant suffered injury to the victim, such as cutting down or closing a string that requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (related to the violation of signal);

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 a selective fine for punishment (including the fact that one's mistake is divided, and a comprehensive motor vehicle insurance is subscribed, and the victim does not want the punishment of the defendant and does not have any record of criminal punishment in consultation with the victim, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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