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(영문) 서울서부지방법원 2016.02.05 2016고정42
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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 the business of driving Bone Star vehicles.

On October 21, 2015, the Defendant driven the above vehicle at around 00:25, and driven the three-lane road in front of Eunpyeong-gu Seoul Metropolitan Government, thereby driving a U.S. in order to drive the vehicle into the opposite lane in the direction of the new Section 3rd.

In this case, there was a duty of care to prevent accidents in advance by safely making a U.S. driver at the place where the U.S. driver is permitted.

Nevertheless, the Defendant neglected to do so and hered with the center line of yellow solid line, and hereded with the victim D's front wheel part of E-to-face driving along one lane, which is driven by the victim D, was shocked with the front part of the Defendant's vehicle.

As a result, the Defendant suffered from the injury of climatic salt, etc. that requires the victim's medical treatment for about three weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of D;

1. A survey report on actual conditions, a traffic accident occurrence report, and a report on internal investigation (Securing, etc. images of an accident);

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning photographs and video CDs by field photographs, closures;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are confessions and reflects by the defendant, the primary offender, and the circumstances surrounding the occurrence of the traffic accident in this case shall be determined as per the order.

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