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(영문) 창원지방법원 통영지원 2017.01.09 2016고정615
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 B 125CC BEAV125 Orala.

On August 25, 2016, the Defendant driven the above vehicle at the private-distance intersection where D front signal, etc. is operated by the head of Si/Gun/Gu around 09:30 on August 25, 2016, and made the left turn to the right from the direction of the new distance from the 2nd of Si/Gun/Gu office building.

In such cases, a driver has a duty of care to drive in accordance with the protective care in the front bank.

In doing so, the Defendant neglected this and driven by the victim E (n, 36 years old) who was proceeding in accordance with green proceeding signals in the direction of the right-hand shooting distance from the right-hand edge of the course, due to occupational negligence, when the left-hand signal is a red signal.

F Lastren No. 10 conflict with F.S. car.

After all, the defendant suffered injury to the victim E, such as salt, tension, etc., in which the victim E should be treated for up to two weeks due to such occupational negligence, and the victim G (V, 9 years old) who was on the same wing ground, should be treated for up to two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of each traffic accident-related person;

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

1. Application of Acts and subordinate statutes to each written diagnosis and agreement;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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