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(영문) 대구지방법원 포항지원 2017.11.08 2017고정387
교통사고처리특례법위반(치상)
Text

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

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 dump truck.

On February 22, 2017, around 05:45, the Defendant driven the above truck and proceeded along the right side of the lane in the two-lanes of the “Troping road” located in the 290-lane prior to the month north-gu, Posi-si, north-gu, Posi, the Defendant got a U-turn in order to drive along the opposite lane.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving service to make a internship at the point where the internship is permitted.

Nevertheless, the Defendant neglected to do so, and instead, was found to have been in the front part of the victim C(Y, 55 years old)'s driving, which was a one-lane of the dump truck, located in the boundary of the port area of the port by the negligence of the dump trucking the central line as it was.

Defendant 1 suffered injury to the victim by negligence in the above business, such as a 10-day frame and a labing of open space, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, the selection of fines (such as the point agreed with the victim, etc.) concerning criminal facts;

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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