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(영문) 서울북부지방법원 2018.06.28 2018고정623
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On December 8, 2017, the Defendant driven the above vehicle at around 23:20 on December 23:20, 2017, driving the three-lane road in front of the Seoul Northern-gu Seoul Northern-do, along three-lanes from the direction of the office distance of the Gangseo-gu, the Defendant driven the E-si driven by the driver D.

In such cases, a person engaged in driving service shall pass along the left side of the vehicle running ahead of it, and pay due attention to the traffic in the opposite direction and the traffic in front of the vehicle running ahead of it, and there was a duty of care to overtake by safe speed and method, such as using the direction gear, light or horn, in accordance with the speed and route of the vehicle running ahead of it and other road conditions.

Nevertheless, the Defendant neglected to do so and received the upper part of the upper part of the front part of the said taxi to the left side of the Defendant’s vehicle by negligence, which was overtaken to the right side of the said taxi.

As a result, the Defendant suffered injury to the victim F (the remaining, 28 years old), who was on board the said taxi due to the above occupational negligence, such as catum salt in need of approximately two weeks of treatment, and injury to the victim G (the victim G (the 28 years old), who is the passenger of the said taxi, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. Reporting on the occurrence of a traffic accident, a report on the actual investigation, and a report on the investigation (inspection of a black box);

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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