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(영문) 서울중앙지방법원 2017.05.10 2017고정35
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one 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 is engaged in driving of B-si.

On November 10, 2016, the Defendant driven the above taxi on November 10, 2015, while driving a four-lane road in front of the D real estate located in Gwanak-gu Seoul Special Metropolitan City, along the four-lane road from the Seoul University to the front of the Seoul National University.

At all times, signal lights have been installed, and the center line of yellow solid lines have been immediately set up, so there was a crosswalk, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is in accordance with traffic signals and safely drive the motor vehicle and prevent accidents in advance.

Nevertheless, the Defendant neglected this and received the front part of the FF car driven by the victim E (the aged 25) who was driven by the Central line on the opposite opposite lane due to negligence beyond the crosswalk while the signal is changed to the straight line of the vehicle. The front part of the FF car driven by the Defendant was turned back to the right side of the said taxi.

As a result, the Defendant suffered salt, tensions, etc. from the shoulder joints that require approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report, a written statement of the occurrence of each traffic accident, a drilling report, and a criminal investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 2, and Article 268 of the Criminal Act concerning facts constituting an offense;

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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