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(영문) 광주지방법원 2018.11.08 2018고정706
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a driver of a vehicle with a rocketing in his own possession.

On May 11, 2018, the said vehicle was driven by the operator of the said vehicle at around 18:10, and the road side of the “E store” located in Gwangju Northern-gu D was changed from the angle of the Island to the speed of 20km a speed of 3rd to the parallel of the East River University at a speed of 20km a hour.

In such cases, there is a duty of care to prevent accidents by safely manipulating the brakes and steering gear before and after the direction of change in the course, and to prevent accidents from spreading.

Nevertheless, due to the negligence of changing the course, the part of the victim F (ma, 24 years old), which is proceeding in the same direction three lanes, G G 7 years old, was shocked by the Defendant’s right-hand side of the vehicle, etc.

As a result, H (V, 28 years of age) who was accompanied by the above victim and the damaged vehicle suffered injury that requires two weeks of diagnosis due to salt panion, etc.

Summary of Evidence

1. Legal statement of witness F;

1. A H statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the results of viewing visual images CDs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the evidence duly adopted and examined by this Court (the result of viewing the video CD reproduction of the incident), the Defendant’s driver’s vehicle (hereinafter “Defendant’s vehicle”) was driving along the three-lanes of the four-lanes prior to the occurrence of the instant traffic accident, and the victim FF vehicle (hereinafter “victim’s vehicle”) had already changed the course from the three-lanes to the four-lanes of the four-lanes.

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