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(영문) 광주지방법원 2018.10.16 2018고정799

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 C Poter cargo vehicle.

On December 1, 2017, the Defendant driven the above cargo vehicle around 08:30 on December 1, 2017, while proceeding one lane in the vicinity of lock Village bus stops located in 300-1, Hong-gun, Nam-gun, Hong-gun, Hong-gun, with the speed of non-speed speed at the speed of speed.

Since there was a road where a median line is installed in one lane, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle along the lane while living the motor vehicle in front of the other motor vehicle, and in the case of driving the motor vehicle, a person engaged in driving of the motor vehicle has a duty of care to safely overtake the motor vehicle in a safe speed and manner by paying attention to traffic in the opposite direction and traffic in front of the motor vehicle in front of the latter.

Nevertheless, the Defendant neglected this and returned to his own lane in order to avoid a taxi going on the opposite lane due to the negligence of neglecting the E-to-be driving of the victim D(83) and the vehicle driven on the opposite lane, which was driven by the victim D(83) and the opposite lane, and caused the victim to go beyond the road by taking part of the Hand on the right side of the cargo of the victim.

After all, the Defendant suffered, by such occupational negligence, injury to the victim D such as salt, tensions, etc. in the fluoral dong (in the fluoral) that requires approximately two weeks of treatment, and injury to the victim F, who was on the fluoral feb, who was on the fluoral feb, to the victim F, who was on the 79 years old-old fluoral fluoral fluoral.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to G or D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 penalty;