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(영문) 제주지방법원 2016.08.12 2016고정360

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a passenger car B.

On April 11, 2016, the Defendant driven the above-mentioned vehicle at around 10:00, and proceeded with the intersection of the shooting distance in front of the D hotel in Jeju at Jeju, facing the direction from 365 to 365 members.

Since there is an intersection where traffic control is not performed, the driver of the vehicle intending to enter the intersection has a duty of care to yield the course for the vehicle when there is a vehicle entering the intersection with a wide width.

Nevertheless, the Defendant got the front part of the left side of the FSM3 Passenger Vehicles driving in the intersection, which was a victim E (Woo, 36 years old) who was entering the intersection in which the width is wider than that of the right side of the road due to the negligence of immediately driving in a narrow road.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim’s head and other parts requiring approximately two weeks of medical treatment, such as the impairment of satisfy, satisfy, etc., and the injury to the victim’s G (V, 65 years of age) who was on board the victim’s car, such as catfum, tension, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a written statement related to traffic accidents prepared by E;

1. The actual investigation report on traffic accidents;

1. A related photograph or 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 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;