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(영문) 창원지방법원 2018.01.16 2017고단3975
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in B SP area.

On September 5, 2017, the Defendant driven the above car at around 06:15, and led to the second apartment road in front of the third apartment in Kim Jong-si, Kim Jong-si, which is located in Kim Jong-si.

Since it is a road with a speed of 60 km per hour, there was a duty of care to safely drive a person engaged in driving service by complying with the speed limit.

Nevertheless, the victim C (e.g., the 52 years old) who was unclaimed from the left side of the road driving direction of the defendant, due to his neglect to set the speed more than 35 km per hour and went to the right side of the vehicle driving direction of the defendant, was assigned to the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of the body body of the mouth, which requires approximately 14 weeks medical treatment.

Summary of Evidence

The application of each photographic Act and subordinate statute to a traffic accident analysis report by the defendant's legal statement C

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act/Appointment of fines (Consideration of the victim, in some cases, and considering the fact that the victim is not punished by the defendant);

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

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