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(영문) 서울남부지방법원 2019.08.13 2019고정815
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 a vehicle B for a son.

On December 8, 2018, the Defendant driving the said car around 00:20, and driving the said car along the three-lane road of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, along two-lanes in the new wind basin from the D elementary bank.

The location is a place where traffic is controlled by signal, etc., so in such cases, a person engaged in driving service has a duty of care to drive safely in accordance with the signals.

Nevertheless, the Defendant met the front part of the victim E (Nam, 57 years old) driving, who is straight from the right side to the left side of the normal signal, when the front part of the victim E (Seoul, 57 years old), who is straight from the front side of the car driven by the Defendant, even though the front signal was red, was facing the front part of the car driven by the Defendant.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and the victim G (ma, 30 years of age), who is the passenger of the victimized vehicle, on the part of the victim, on the part of the victim G (ma, 30 years of age) for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Application of the Act and subordinate statutes to the actual condition survey report, report on the occurrence of a traffic accident, each diagnosis certificate, photographs related to a traffic accident, certificate of subscription to automobile insurance, certificate of driving license,

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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