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(영문) 춘천지방법원 영월지원 2017.05.30 2017고정68

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives Category B truck.

On December 13, 2016, the Defendant, around 09:40 on December 13, 2016, operated the truck to turn to the left at the intersection of 427-7 Tong/Ri/Ri/Ri from the direction of the railroad crossing at 8087.

In this case, the driver of the motor vehicle has a duty of care to drive the motor vehicle according to the direction of the front bank, while looking at the right and the right of the front and rear.

Nevertheless, the Defendant neglected to turn to the left due to the negligence of violating the signal and received the part of the victim C(50 years old) driven by the victim C(50 years old) in front of the left-hand part of the car driven by the Defendant’s truck in accordance with the straight line to the crossing of Tong/Ri at the right-hand side of the road.

Defendant 1 suffered, by such negligence, the injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of treatment, and the injury to the victim E (34 tax) who is the passenger of the damaged vehicle, such as dynasium and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. A criminal investigation report;

1. On-site photographs and photographs of the accident site;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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. Consideration of the favorable circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act that the defendant agreed with the victims, and the unfavorable circumstances of the fact that the defendant had been punished for the same kind of crime, etc.