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(영문) 창원지방법원 2019.05.23 2018고정688

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 17, 2018, the Defendant driven a B rocketing car at around 18:00, and proceeded to turn to the left from the 1368 mix to the 7 m368 mix from the mix of the outer railway distance to the mix of the third-lane distance. The Defendant changed to the way from the two-lane to the first-lane.

At the same time, the intersection had a duty of care to safely change the course while securing a safe distance by sufficiently examining the progress of the vehicle driving on the front side and the left side of the vehicle at the time of the change of course.

Nevertheless, the Defendant neglected such duty of care and attempted to change course from a two-lane to a one-lane on the left side of the Defendant’s vehicle due to negligence, which led from the victim C (Nam, 43 years old) driving at a one-lane, and received the back part on the right side of the Defendant’s vehicle.

As a result, the defendant suffered injury to the victim, such as fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Each legal statement of witness C and E;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. A photograph of the vehicle involved in the accident, a photo of a black box, or a photograph of a screen image;

1. The medical certificate of diagnosis (the defendant alleged that the accident occurred due to the victim's negligence after completing the change of course. However, according to each of the above evidences, the defendant breached his duty of care in changing the course as stated in the facts charged of this case, and it is clear that the accident occurred at the site of the accident in this case).

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;