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(영문) 서울서부지방법원 2017.10.27 2017고정793
교통사고처리특례법위반(치상)
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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 engaging in driving Cunst Motor Vehicle.

On March 8, 2017, the Defendant driven the above vehicle around 13:40 on March 13, 2017, and proceeded with the front road in Eunpyeong-gu Seoul Metropolitan Government D, along with one-lane of the Gu flag tunnel, from the private street protection area in a non-wide innovation wave to the Gu flag tunnel.

Since a signal, etc. is installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely in accordance with the traffic signals while living well on the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected this and received the front part of G K5-si driving G K5-si in the opposite direction to the Defendant’s vehicle on the right side of the Defendant’s vehicle while driving the victim F (63 Do) driving, which was proceeding in accordance with the new code, due to negligence in violation of the signal.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim F, such as “a light fluorum salt,” which requires two weeks’ medical treatment, and injury to the victim H(57 tax) and the victim I (57 tax) who was on board the damaged vehicle, such as “a fluorum, tension,” which requires two weeks’ medical treatment.

Summary of Evidence

1. A written statement of the occurrence of each traffic accident of the F, H, and I;

1. Reports on the occurrence of each traffic accident;

1. A CD who replicatess on-site photographs of the accident site, or black images of the damaged vehicle;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on automobile accident accidents;

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

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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