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(영문) 광주지방법원 2016.05.12 2016고정526
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who drives a driver's vehicle with B gallon.

On February 12, 2016, the Defendant driven the above vehicle at around 11:20 on February 12, 2016, and turned down the central distance from 7 times in the Gwangju Mine-gu to 6 times in the Namsan YYYYY 8: Hasan Hasan Hasan YYYYYYYYYYYYYYYYYYY

In this case, a person engaged in driving service has a duty of care to drive safely in accordance with good faith.

Nevertheless, the defendant neglected this and caused the damage to the left-hand side of the vehicle of the defendant, which was the victim C(44) driver's Doctrine, who was straighted on the right-hand side of the defendant's proceeding direction by the direct negligence in violation of the signal, to shock the part of the front-hand part of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim C in need of approximately two weeks’ medical treatment due to the above occupational negligence, and injury to the victim E (66 years) who was accompanied by the Defendant’s vehicle, requiring medical treatment for about one day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing de facto survey reports, diagnostic certificates, field map, and field photographs;

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. 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;

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