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(영문) 서울중앙지방법원 2016.04.25 2016고정282
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 1.5 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 drives a B-beon car on duty.

On November 26, 2015, around 09:09, the Defendant driven the front road of Jung-gu Seoul Special Metropolitan City C, while driving the vehicle along the upper road and driving the one-lane of the three-lane distance from the side of the gold tunnel to the weak water.

At the same time, the defendant, who operates a motor vehicle to the place where the vehicle was in mind and where the safety zone is installed at the center of the road, has a duty of care to accurately operate the steering wheel and brake system, make the wheel and the left well, drive the motor vehicle safely without harming the safety zone, and prevent the accident from spreading.

Nevertheless, the Defendant neglected this and caused the safety zone to be terminated due to the negligence committed by the Defendant, in violation of the traffic signal of the road surface in order to avoid the traffic congestion, and caused an increase in the number of lanes at the point where the safety zone is normally changed at the point where the safety zone is normally increased, the front front of the left side of the private taxi of the victim D(57 ) driving, which led to the change in the passenger taxi at the point where the safety zone is increased.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim, such as catum salt, etc., requiring approximately two weeks of medical treatment on the part of the victim, and on the part of the victim F, who is the passenger of the victimized vehicle, injury, such as bones salt, bones salt, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

1. A written statement on the occurrence of a traffic accident (D);

1. Medical certificate (D, F);

1. Application of Acts and subordinate statutes on site photographs;

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. 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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