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(영문) 수원지방법원 성남지원 2016.06.10 2016고정168
교통사고처리특례법위반
Text

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

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 driving of Crando XG car.

On July 12, 2015, the Defendant driven the said car around 16:50, and proceeded with a road of about 40 km in the vicinity of the American church located in 127, a 40-lane, Nowon-gu, Seoul Special Metropolitan City, Nowon-do, along with a one-lane from the later part of the stadium for the coordination of the Sari, to the Sari church at the speed of about 40 km.

At the time, the passage of the front door was the flow, and there was a center line of the yellow-ray, so a person engaged in driving service has a duty of care to thoroughly see the front door and to safely drive the car.

Nevertheless, the defendant neglected to drive a vehicle at the front of the vehicle driven by the defendant due to negligence while driving a vehicle at the center line at the front of the vehicle driven by the defendant, and conflict with the front part of the vehicle driven by the victim D(39 years old) in the opposite part.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D, such as feas, tensions, etc. in light of the following conditions: (a) the victim F (37 years of age, women), the victim F (hereinafter referred to as “F”), the victim’s erode, tensions, etc., in need of approximately two weeks of treatment; (b) other knees and tensions of the victim G (10 years of age) in need of approximately two weeks of treatment; and (c) other knees and tensions of the victim H (6 years of age) in need of approximately two weeks of treatment; and (d) other knes and tensions of the victim H (6 years of age) in need of approximately two weeks of treatment; and (e) the victim H (6 years of age); and

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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