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(영문) 광주지방법원 목포지원 2017.04.28 2017고단175

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant driven a BM6 car.

1. On August 31, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a vehicle above a level of 22:00, and moving the front road of D Company C, which is located in Sinpo City C, into the front apartment room of Sinpo-dong modern apartment zone, into a double-lane road among the two-lane roads.

There are two lanes, and at the time, the vehicle driven by the victim was driven in the same direction as the defendant's vehicle at the same time, so the person engaged in driving service has a duty of care to prevent accidents by changing the course after checking whether there is a vehicle from the direction prior to the change of course.

Nevertheless, the defendant neglected this and was negligent in changing course from the two lanes to the one lane, and the part of the driver's seat in front of the defendant's vehicle E (43) driving.

FM5 Motor Vehicle Sheeted the front wheels of the FM5 Motor Vehicle Sheet.

Due to the above Defendant’s negligence in the course of business, the driver of the damaged vehicle suffered injury, such as the crypum chille and tension, for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act at the time and place stipulated in paragraph (1) above, thereby damaging property equivalent to KRW 1,955,159, including the part of the repair cost, such as the part of the front gate of the victim E, FM5 passenger car, etc. for the victim E, at the time and place stipulated in paragraph (1) above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. A survey report and a report on internal investigation (as to the video of a black box):

1. Application of the Acts and subordinate statutes of written diagnosis (E, 2 weeks), written estimate (F);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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;