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(영문) 창원지방법원 마산지원 2016.10.20 2016고정463
교통사고처리특례법위반(치상)등
Text

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

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 third party car.

On July 25, 2016, the Defendant driven the above vehicle without a driver's license on July 25, 2016, and made the left turn to the right in the direction of the military office distance from the direction of the stable parking lot.

Since there is a road where the center line of yellow real lines is installed, the defendant has a duty of care to pass along the right side of the center line.

Nevertheless, while the central line and the left-hand turn is known to be illegal in order to move fast and convenient to his destination, the upper part of the upper part of the victim D(69 years old)'s driving, which was left on the left-hand side from the right-hand side of the opposite part of the road, was shocked into the front side of the Defendant's vehicle.

Ultimately, due to the above defendant's occupational negligence, the victim suffered injuries, such as light salt, which requires stability and treatment for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual situation survey report, traffic accident occurrence report, and the register of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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