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(영문) 서울북부지방법원 2017.11.28 2017고단4426
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled vehicle B 110cc.

On July 24, 2017, the Defendant driven the above two-wheeled vehicle on July 14, 2017, and continued the front way of Dobong-gu Seoul Metropolitan Government C in accordance with three-lanes of the mine shooting distance from the side of the sub-sacle.

At this point, since the distance crossings where signal lights are installed, the driver engaged in driving of the motor vehicle has a duty of care to prevent accidents by driving the front door and the left and right well, and by safely operating the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and neglected to follow the signals of the stop, and caused the victim D (81 3) who dried the crosswalk from the right side of the defendant's front side to the right side of the two-wheeled automobile by shocking the victim D (81 3) to the right side of the two-wheeled automobile of the defendant.

As a result, the Defendant suffered injury, such as the mouth duplicating the inside and outside of the left-hand side, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a traffic accident situation report, vehicle for accidents and photographs at the scene of accidents, and a medical certificate;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

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

1. According to Article 334(1) of the Criminal Procedure Act, the accident in this case occurred due to the gross negligence of the defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act, and the degree of injury suffered by the victim of the accident in this case shall be considered disadvantageously. The defendant recognized the crime in this case and reflects the mistake, the injured person does not want to be punished against the defendant by agreement with the victim, and the defendant is punished for the past criminal punishment.

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