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(영문) 울산지방법원 2018.05.02 2018고정280
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 engaging in driving a B-learning car.

On December 16, 2017, the Defendant driven the above car at around 00:45 on December 16, 2017, and led the Defendant to proceed at a speed from the northwest-gu, Ulsan Metropolitan City to the inside side of the route from the northwest-gu, Ulsan Metropolitan City.

Since there is an intersection in the original form with a signal apparatus, the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the signals by reducing speed and checking well the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and shocked the part adjacent to the right side of the victim C(48 Systal taxi) who proceeds from the Round inside the Round in accordance with the new code on the side of the last day of the said car by negligence in contravention of the signal.

As a result, the Defendant suffered from the above victim C and the victim E (21) of the victimized vehicle due to the above occupational negligence, each of the injuries, such as dynasium and tensions, which require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes to request cooperation in investigation (E diagnosis);

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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