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(영문) 수원지방법원 성남지원 2013.05.09 2013고정619
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who drives a Chived vehicle.

On November 22, 2012, the Defendant driven the above vehicle at around 15:20 on November 22, 2012, and led to the progress of the road front of the new building of sewage terminal treatment plant at Cheongwon-ri 1140-10 located in Yang-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At this point, the way to prevent the decline of the 60km/h section is one straight line.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the speed and speed of the vehicle and accurately manipulating steering devices and brakes.

Nevertheless, the Defendant neglected this and operated approximately approximately 101.30km/h at a speed exceeding 20km/h, and left the lane, brought the concrete boundary stone on the right side of the running direction to the new building of sewage terminal treatment plant on the south side.

Ultimately, by occupational negligence, the Defendant suffered injury, such as salt, tension, etc. from the victim D, who was accompanied by the said Aburged vehicle, to the victim E for about three weeks of medical treatment, and the victim E suffered injury, such as a side surgion within the left surg, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Each written diagnosis;

1. Application of the statutes governing the actual condition of traffic accidents;

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

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

1. Selection of an alternative fine for punishment;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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