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(영문) 서울남부지방법원 2014.08.11 2012고정2955
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car by obtaining a franchise.

At around 20:00 on June 14, 2012, the Defendant opened a road of 407-15, Guro-gu Seoul Metropolitan Government and proceeded to turn to the left from the opening direction.

The place is where a left-hand turn sign is installed, and in such cases, a person engaged in driving service has a duty of care to safely drive according to the signal or instruction indicated by traffic safety facilities to prevent accidents.

Nevertheless, while neglecting this, the part concerning the rear part of the E-th-ma vehicle of the victim D(38 years old) driving, which was in the atmosphere of the left-hand turn at the right-hand direction, was concealed into the front part of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about three weeks, by negligence in the course of performing the above duties.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the second protocol of the trial;

1. Police suspect interrogation protocol of the accused;

1. A survey report on the actual condition and a medical certificate;

1. Requests for cooperation in investigation (medical fees and requests for confirmation as to whether a claim for insurance money is filed), replies to requests for cooperation in investigation, answers, application of Acts and subordinate statutes as well as copies of medical records;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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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