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(영문) 서울북부지방법원 2017.11.16 2017고단3600
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four 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 motor vehicle by borrowing C.

On July 23, 2017, the Defendant driven the above car at around 09:00, and led to the flow of one lane in the way D located in Jung-gu Seoul Metropolitan Government toward the middle Korean Peninsula from the salary park.

At this point, there is a center line of yellow solid lines, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the center line to the right side of the center line.

Nevertheless, the Defendant got the victim E (V 79 years of age) who was crossing the vehicular road at the time when the Defendant was negligent in driving along the central line to another side of the vehicular road.

Ultimately, the Defendant suffered from an injury to the victim, such as pressure pressure, closure, etc., which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The report of a traffic accident, the on-site photograph of an accident, the statement of the occurrence of a traffic accident, and the application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Optional to Penalty)

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act include the occurrence of the instant accident by gross negligence, which caused the Defendant to commit the central line, the degree of injury suffered by the victim of the instant accident, and the fact that the agreement with the victim was not reached, etc. Taking into account unfavorable circumstances, such as the fact that the Defendant acknowledges the instant criminal facts and commits the instant accident, the Defendant’s unauthorized crossing seems to have affected the occurrence of the instant accident, the vehicle operated by the Defendant is covered by a comprehensive insurance, and three million won for the recovery of damage suffered by the victim.

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