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(영문) 의정부지방법원 2012.11.15 2012고정2467
교통사고처리특례법위반등
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a Bran XG car.

Around 12:40 on May 11, 2012, the Defendant driven the said car and proceeded at a speed beyond the median line by driving the said car, leading to a road of 1-lane 48, which is located in the 48-lane from the retirement fraternity in the city of Namyang-gu, the outline of the Gyeonggi-do.

At the same time, the parking lot is installed in both buildings, and there is frequent access of vehicles, so the driver has a duty of care to drive the vehicle in order to prevent accidents by accurately manipulating the brake system when there is a vehicle with the front and rear side.

Nevertheless, the Defendant neglected to do so and did not look at the rear, and neglected to go beyond the median line, and caused the Defendant’s vehicle back to the rear part of the Defendant’s vehicle, which was driven by the victim C (V, 32 years old) who was parked to enter the cafeteria to the road on the rear side of the Defendant’s vehicle behind the vehicle.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as spawn spawn which requires approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (AFS) (AF) The Defendant did not immediately stop and take necessary measures for the prevention of traffic danger, even though the Defendant destroyed the Victim C’s vehicle by shocking the Victim C’s car sirens to have approximately KRW 198,055 of repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a traffic accident report, estimate, diagnostic certificate, and diagnosis and treatment fee;

1. Article 3(1) and the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act.

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