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(영문) 서울중앙지방법원 2013.10.18 2013고단4619
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives B-wheeled motor vehicle as his duties.

At around 19:00 on April 26, 2013, the Defendant was in the two-lanes from the 19-1 GS-1 GS station in Seocho-gu Seoul, Seocho-gu in the direction of the distance of distribution.

The driver of any motor vehicle has a duty of care to avoid changing course when it is likely to impede normal traffic of other motor vehicles running in the direction of changing course.

Nevertheless, due to the negligence of changing the course into a one-lane, the C Operation, which is in progress in a one-lane, was compared with the fences of the Dwork in front of the right-hand side of the Dwork, of the other vehicle.

Ultimately, due to its shock, the victim E, who is the driver of the defendant driving, suffered from the injury of the "fluor and tent fluor" requiring a six-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the degree of injury of a victim on the grounds of sentencing under Article 334(1) of the provisional payment order is not less weak, and that the defendant does not reach an agreement with the victim. However, there is no previous conviction except for punishment once by a fine, the defendant's vehicle has no criminal history; damage recovery is possible due to the defendant's subscription to liability insurance; the defendant's vehicle is in his/her office by his/her request by the victim, and the accident is likely to occur, and the victim's free will be in the house of the victim. The victim's age, character and behavior are the defendant's age, character and behavior.

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