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(영문) 광주지방법원 장흥지원 2017.02.09 2016고정41

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a gallon vehicle B.

On October 21, 2016, the Defendant driven the above vehicle at around 13:00, and proceeded at the speed that it cannot be seen from the center to the point of view that the road in front of the mountain village in the area of the Sinung-gu, Seoul, Seoul Special Metropolitan City.

At this point, there was a one-way road, a sign of no entry into the road, and a sign of no entry into the road. In such a case, there was a duty of care to avoid entry in violation of the direction indicated by the safety sign that the driver is prohibited from entering the road.

Nevertheless, the defendant neglected this and entered the opposite side of the one-way road as it was, due to the negligence of entering the opposite side of the above gallon road, and caused the victim C(52 )'s right side side and the side side of the bridge coming from the right side of the defendant's moving direction.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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;