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(영문) 의정부지방법원 2018.04.05 2018고정350
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CTrack Motor Vehicles.

On July 28, 2017, the Defendant driven the above car on the 15:00 on the 15th day of July, 2017, and turned down the two-lane road in front of the two police stations in the two countries, which is 1699, from the west to the east 000, at the right speed.

In such cases, a driver has a duty of care to safely drive a vehicle by accurately operating the steering room, steering gear, and brakes.

Nevertheless, the Defendant, by negligence, driven the said vehicle on the front side without neglecting his duty at the time of the front week, caused the victim D (W, 68 years old) who was stopped for the signal waiting at the front side of the said vehicle, which was driven by the Defendant as part of the front part of the passenger car of the Defendant, and led the back part of the G Eth Ethp car which was parked on the front side while the said vehicle was pushed down in the future, and stopped in the front side.

Ultimately, the Defendant suffered injury to the victim D, such as an escape from a warning sign, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (D);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes, such as a written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the Defendant’s erroneous recognition of the facts charged by the Defendant; (b) the payment of insurance money to the victim within the scope of liability insurance; and (c) the first offender, and the first offender, and the sentence is determined as above.

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