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(영문) 창원지방법원 진주지원 2017.01.13 2016고정426

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 700,000.

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 a B-L car.

On July 21, 2016, the Defendant was in the direct operation of approximately 20 km in the direction of Samcheon High School in the direction of Samcheon High School, the private distance intersection of the Office of Education in Sacheon-si, Sacheon-si.

Since there is an intersection that operates a red on-and-off signal, the driver of the vehicle has a duty of care to temporarily stop the vehicle before entering the intersection and check the safety and proceed.

Nevertheless, when the defendant neglected such duty of care and did not temporarily stop, the defendant was able to drive the victim C(40 s) driving in a yellow on and off ground from the right-hand side of the defendant's vehicle driving to the left-hand side, with the left-hand side of the cargo vehicle and received the left-hand side of the cargo vehicle of the defendant's passenger vehicle operation.

Ultimately, the Defendant caused the Defendant’s injury of salt and tension in light of the foregoing occupational negligence to the victim E (38) who was on board the Defendant’s car, with approximately two weeks of medical treatment. In short, the Defendant suffered each injury of salt in the right field to the right field, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident;

1. A written diagnosis, a written confirmation of hospitalization, and a written diagnosis (E);

1. Application of 17 copies of an accident scene photograph;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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 an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act that the Defendant’s mistake reflects his fault, and that the Defendant’s negligence is significant.

In addition, it seems that the victims are relatively minor, and the victims do not want punishment.