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(영문) 광주지방법원 2015.12.10 2015고정1638

교통사고처리특례법위반

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 3, 2015, the Defendant driven the above vehicle on September 18:15, 2015, and got to turn to the 10 complex of Youngcheon-ro 10 in front of the monthly parking lot located in 303, Seocheon-gu, Gwangju.

At this point, there is a center line of yellow solid lines, so in such a case, the driver engaged in driving of the motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle and to prevent the accident in advance.

Nevertheless, when the Defendant neglected this and went to the center line by the negligence of entering the above road, the Defendant received the parts of the victim C(Y, 52 years old) driver's seat next to the driver's seat of the victim C(SW) who opened the above road from the head line of the vehicle in front of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the actual condition survey report, on-site evidence and photographs, and medical certificates to statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;