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(영문) 서울북부지방법원 2016.07.15 2016고정1311
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of B-crick-car

On December 8, 2015, the Defendant driven the above vehicle around 20:05, and driven the side road without the front line of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, toward the third party's apartment floor from the friendly apartment.

There is a traffic safety sign prohibiting entry into the direction of the defendant.

In such cases, a person engaged in driving of a motor vehicle shall not enter the motor vehicle according to the sign, and has a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected this and has contacted the back part of the left side of the vehicle driving by the defendant, which is driven by the victim D(37 tax) which stops due to the reverse direction of the road for prohibition of entry.

As a result, the Defendant suffered injury to the victim D due to occupational negligence, such as fluoral salt, which requires treatment for about 14 days.

2. The Defendant violated the Road Traffic Act (after-accident) caused an accident, such as the entry in paragraph 1, at the same time and at the same place as the entry in paragraph 1.

In such a case, the defendant immediately stopped and took necessary measures, but the defendant escaped without any measure.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (a reply to an interpellation in a medical certificate);

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photograph booms images of the damaged vehicle, photograph of contact part of the damaged vehicle, photograph of the damaged vehicle, photograph of the contact part of the accused vehicle, and photograph of the accident scene;

1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto) concerning criminal facts, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after the destruction of things).

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