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(영문) 광주지방법원 2014.06.11 2014고정669
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 of BCA100 motorcycless (hereinafter referred to as "Obane").

At around 22:40 on December 31, 2013, the Defendant, driving the above Orabab, and entered the road along the “Saroab Hospital” on the side of the parking lot for the “Sarob Hospital” located in Gwangju Northern-dong.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to safely drive the motor vehicle line by safely protecting the motor vehicle line, such as entering the said third line road and moving to the said third line, moving to the said third line, moving to a right bypass, and moving to a right bypass, and moving to the said third line.

Nevertheless, the defendant neglected this and entered the above third line road, and immediately went to the road by leaving the right or left turn, and then going to the road by shocking the victim C(22 years old) driving the victim C(22 years old) with the front part of the above Oral wave driving by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as an injury to the left-hand skeel, which requires approximately seven weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Optional fine;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that there is no criminal records against the defendant, the fact that the defendant agreed with the victim is favorable. The traffic accident of this case is a very dangerous accident that the defendant committed while driving ahead of a considerable distance, and the degree of damage to the victim is disadvantageous.

The age, character and conduct, and environment of the defendant.

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