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(영문) 의정부지방법원 2017.05.24 2016고단4799
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On September 17, 2016, the Defendant driven the above vehicle volume at around 16:20, while driving the vehicle at around 16:20, the Defendant driven the vehicle from the west to the east west-do along the first lane in front of the west-si.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to see the front line and the left and the right, and to safely operate the tea.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle, and driven the center line by negligence, and shocked the front part of the Defendant’s driver’s vehicle E(46) drive of the victim E(46 tax) driveed in the opposite direction.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim E, such as dynaf in the bones of verte, which requires approximately 20 weeks of treatment, injury to the victim G (35 years of age) who is the passenger of the victimized vehicle, such as crynaf in 20 weeks of treatment, and injury to the victim H (53 years of age) who is the passenger of the Defendant’s vehicle, for approximately 4 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Each written diagnosis;

1. Application of statutes, such as 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. The victim suffered three or more injuries due to the defendant's stroke driving due to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the "Criminal Procedure Act")

Among them, the victim who is the defendant's wife does not want to punish the defendant, but is still different.

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