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(영문) 수원지방법원 안산지원 2016.12.08 2016고정1519
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five 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 a dump truck.

On June 4, 2016, the defendant driving the above truck around 07:40 on June 4, 2016, and became to enter the two-lane road in front of the construction site of "D" in the Gyeonggi Ethical City.

At this point, there is a center line, and the left-hand turn can not be entered immediately from the above construction site. In such a case, there was a duty of care to prevent accidents such as left-hand turn to the designated place and entering the tea line in advance.

Nevertheless, the Defendant neglected this and went to the left immediately after leaving the center line, and was negligent in entering the lane, and was driven by the victim E (the aged 38) who was going to the front part of the driver's seat of the said truck on the side of the driver's seat of the said truck, and was driven by the victim E (the aged 38).

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the above victim, such as tear tear, etc., within six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 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 choice

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

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is obstructive to the defendant, and that it is economically difficult to do so.

Although the defendant is driving a dump truck with a high risk, the defendant has caused a traffic accident by sumping the central line inevitably, and suffered serious injury to the victim.

Nevertheless, the defendant cannot drive a dump truck without breaking the central line.

If the central line is not invaded, there are more oil.

It shall be given with penalty points and administrative fines.

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