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(영문) 춘천지방법원 강릉지원 2017.11.01 2017고단692
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 of B Poter cargo vehicles.

On May 20, 2017, the Defendant driven the above cargo vehicle around 08:10, and got to turn to the right from the Do-Eup side from the Do-dong side through the Do-eng-dong, which is at the Do-do-dong.

Since there is a cross-section where signal lights are installed, there was a duty of care for those engaged in driving service to drive safely in accordance with good faith.

Nevertheless, due to the negligence of entering the yellow knife crossing, the Defendant was able to drive the victim C(69) drive in the opposite side of the Defendant, and received the part of the Defendant’s knife in front of the left side of the cargo vehicle.

As a result, the Defendant caused damage to the victim during the above occupational negligence to the institutions in the lavers that did not have any open address within the lavers requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report, actual survey report, accident scene photograph, and medical certificate;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, the selection of fines (the fact that an agreement is made with the victim, the stay of execution due to the same criminal record, the history of the crime, etc.

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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