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(영문) 광주지방법원 2018.11.15 2018고정1037

교통사고처리특례법위반(치상)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 14, 2018, the Defendant driven B 4.5 tons truck, which had been negligent in driving on the right side of the instant truck due to the driver’s negligence, and led the victim C (32 years) (hereinafter “the victim”) (the victim) who driven the fright truck to the port from the right side of the said truck to the surface of the Agricultural Cooperative Construction Center, located in the 1st line of the national highway from the 1st line of the National Highway. Since a red-off signal, etc. is installed, the Defendant suffered no injury, such as the victim’s failure to perform the duty of care to safely operate the truck by temporarily suspending the vehicle immediately before the intersection to the intersection, and operating the steering and brake system accurately. The Defendant received the victim with the part front of the right side of the fright-learning passenger vehicle, which had been driven by the victim C (32 years) who had been driving on the right side of the said truck, and caused no injury to the victim for about two weeks in need of open treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes (Evidence No. 10)

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Taking into account all the circumstances, including the grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the degree of violation of the duty of care of the accused and the victim, and the final sentence against the victim;