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(영문) 창원지방법원 통영지원 2014.01.09 2013고정578
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On 20:50 on 23, 2013, the Defendant was driving a B-car on 20:50, and was working as a U.S.-dong forest apartment at the entrance of the B-dong forest apartment at the upper dong-dong dong dong dong dong dong at the entrance of the B-dong forest apartment.

At the time, the location is an intersection where traffic is not controlled by signal, etc., and thus, a driver of a motor vehicle has a duty of care to check whether there is a vehicle, etc. being driven by reducing the speed or temporarily suspending the speed and drive it safely.

Nevertheless, in the process of having the victim D, who had been on the Myeon-dong room at the entrance room of the large-dong forest apartment unit by neglecting it, and had the victim D, who had been on the Myeon-dong room, go beyond the road in the process of avoiding the defendant's car, and the facts charged directly conflict between the defendant's automobile and the victim's automobile. However, according to the following evidence, the circumstance of the accident at the time is the same as the above recognition. In light of the investigation and the progress of the trial, the circumstance of the accident is recognized as different from the facts charged, and it is not likely to put the defendant at a disadvantage to the defendant's exercise of his right to defense. Thus, separate procedures for modification of indictment are not required. Around six weeks, the victim suffered injury, such as cutting the frame of the off body of the off frame, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Articles 70 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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