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(영문) 광주지방법원 2016.02.18 2015고정1774
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.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On August 30, 2015, the Defendant driving the above vehicle on August 16:30, 2015, and driving the front road of the Gwangju Students' Cultural Center located in Seo-gu, Seo-gu, Seo-gu, Gwangju along the two-lanes from the seat of the vehicle, and tried to drive the internship on the side of the vehicle.

At this point, there is a place where the center line of the yellow solid lines is installed, so in such a case, there was a duty of care to prevent accidents in advance due to the safe internship by driving the direction, etc. after the driving of the vehicle to the place where the driver is able to keep the tea well while driving the vehicle.

Nevertheless, the Defendant neglected this and attempted to make a U-turn in the face of a motor vehicle beyond the center line on the two-lanes, and instead, took the front wheels part of the victim D (30 cm) driving, which was followed by one lane in the same direction as the marine, and received the front wheels part of the Defendant’s driver’s seat.

As a result, the Defendant suffered from the above victim’s 2-day medical care due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of traffic accident reports, diagnosis reports, on-site photographs-related Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel’s assertion regarding the Defendant and the defense counsel’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act asserts to the effect that the instant accident does not constitute a traffic accident due to “an act of breaking the central line” under the proviso of Article 3(2)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, since the instant accident location does not exceed the central line.

Article 3 (2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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