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(영문) 서울북부지방법원 2019.05.02 2019고단1236
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in driving service of B-si.

On January 8, 2019, at around 23:40, the Defendant, along with the road in front of the Dart in Nowon-gu in Seoul Special Metropolitan City, was driving at a fluorous speed depending on one lane among the three lanes in the E apartment room, and had the U.S. drive the U.S. to the opposite lane.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving service to make a internship at the point where the internship is permitted.

Nevertheless, the Defendant neglected to do so and received HOba, which was driven by the victim G, who is moving back to E apartment protection area from the bend of the bend of the Defendant’s vehicle, to the right side of the vehicle, from the bend of the river.

In this way, the Defendant suffered injury to the victim, such as “finites and tensions of the other parts of the launching trees,” which require approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which caused a traffic accident by the negligence of an interning the central line, thereby causing injury to the victim. The defendant was grossly negligent.

However, there are circumstances to consider the defendant's mistake in depth and reflects his mistake, and the defendant's motive to commit a central crime, and the driver of any motor vehicle is required to follow the right side of the road in advance and make a right-hand at the intersection, but the driver of any motor vehicle is required to follow the right-hand side of the road in advance and make a right-hand at the speed of about 31 to 40km.

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