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(영문) 수원지방법원 2016.05.19 2016고정737
교통사고처리특례법위반
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 engaging in driving a rocketing car.

피고인은 2016. 1. 30. 11:03 경 위 승용차를 운전하여 수원시 장안구 파 장로 110번 길 12-5 노송아파트 앞 " ㅏ" 자형 삼거리 교차로를 1번 국도 쪽에서 다솔 초교 쪽으로 직진하게 되었다.

At this point, the one-way length and the direction of the defendant's vehicle driving is a road surface informing the prohibition of entry. Therefore, the driver of the vehicle has a duty of care to prevent the accident in advance by driving the vehicle according to the surface marking.

Nevertheless, the defendant neglected to do so and proceeded toward the direction of one-way road by disregarding the sign of no entry road and driving it on the right side of the defendant vehicle, and the front part of the DNA car driving 47 years old and left to the right side of the defendant vehicle was received as the front part of the defendant vehicle.

After all, the Defendant suffered from the injury of the victim E (15 years of age) who took advantage of the victim C and the victim E (15 years of age) due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes and reflects his mistake, there is no record of punishment for the same kind of crime, the vehicle driven by the defendant is covered by a comprehensive insurance, and the injury suffered by the victims is relatively minor, and the defendant is relatively minor.

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