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(영문) 수원지방법원 2018.03.23 2018고정227
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 a math car.

On October 21, 2017, the Defendant driven the above car at around 11:50, and entered the two-lane road, which is linked to the 797-ro 70 cultural aggregate distance, from Suwon-si, Suwon-si, Suwon-si, Suwon-si, which is linked to the 70-lane cultural aggregate, into the 3-lane apartment zone from the direction of the apartment complex.

Since there is a place where a red on-and-off signal is installed, a person engaged in driving a motor vehicle has a duty of care to prevent traffic accidents by properly manipulating the front section and the left and right after temporary suspension before entering the intersection, and by accurately manipulating the steering system and brakes.

Nevertheless, the Defendant neglected this and did not temporarily stop a red on-and-off signal, and by negligence entering the intersection as is, entered the right side of the Defendant’s vehicle into the intersection from the right side of the victim C ( South, 46 years old) driving to the right side of the Defendant’s vehicle. The Defendant received the part prior to the left side of the Defendant’s vehicle into the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim E (V, 43 years old) who was on the part of the victim and the head of the damaged vehicle due to the above occupational course and room, such as salt, tensions, etc., which requires a two-day medical treatment. The Defendant suffered injury to the victim F (V, 16 years old) and G (V, and 10 years old) who was on the back seat of the damaged vehicle. The Defendant suffered injury to the victim F (V, 16 years old), who was on the part of the back seat of the damaged vehicle, for about two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A survey report on actual conditions;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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