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(영문) 수원지방법원 2016.11.09 2016고정2312
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of two 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 rocketing car as his duties.

On 20:00 on 27:20 on 2016, the Defendant driven the above vehicle and stopped the three-lane road in front of the Osan University in the Cheongsan-si, Osan-si from the southwest-distance to the right edge of the three-lane.

Since there are two places, the center line and crosswalk of yellow-ray are installed, in such a case, the person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected this and shocked the part above the right side of the victim D (the age of 18) who is driving in the same direction as the Defendant’s vehicle in the same direction as the Defendant’s vehicle due to negligence, with the Defendant’s negligence, into the front part of the driver’s seat of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the lack of satisfaction, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs and diagnostic certificates;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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