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(영문) 의정부지방법원 2017.01.23 2016고정2502
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 car in XG.

On July 28, 2016, the Defendant driven the above vehicle around 08:35, and proceeded along two lanes between the three-lanes in the direction of the mountain area of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the Gu.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to protect the center line and to prevent accidents by driving safely.

Nevertheless, the Defendant neglected this and took the front part of the victim C(53) driving by the negligence of running the center line, which led to one lane, and received the front part of the victim C(53) driving by the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence on the part of the above business, injury to the victim E (50 years old and female) who was on board the above victim’s vehicle, such as scarcity fright, which requires approximately 3 weeks of medical treatment, and injury to the victim E (50 years old and female) who was on board the above victim’s vehicle, such as scarcity fright, which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each written diagnosis;

1. A traffic accident report;

1. Application of statutes on site photographs;

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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