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(영문) 광주지방법원 2015.09.17 2015고정957
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person driving a CNS car.

On March 29, 2015, the Defendant driven the above car at around 17:00, and led to the flow of the two-lane road in the Dolsan-gun of Yong-Namnam-gun from the marsan-gun to the mar-Eup of Young-gu.

Since there is a place where the yellow-ray center line is installed, a person engaged in the driving of a motor vehicle should not overtake the vehicle beyond the center line. Even if overtaking, there was a duty of care to safely drive the front and rear left well and prevent accidents from facing other vehicles, etc. in advance.

Nevertheless, the Defendant neglected this and led the victim D's EM3 car driving over the central line, and returned to the original lane, and did not properly examine the above SM3 car, thereby causing injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, damaged the above SM3 car to repair cost of KRW 1,373,410.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the actual condition survey report, an accident site photograph, a diagnosis report, and a written estimate under statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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