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(영문) 의정부지방법원 2018.05.29 2018고단1041
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving the Category B Track Freight Truck.

On November 18, 2017, the Defendant driven the above vehicle around 15:50 on the 15:50 on both weeks, and tried to drive the three-lane road in front of the construction site of the apartment Do-1 Blue apartment at two weeks, in order to drive the road along the opposite three-lanes along the direction of the apartment.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely making an internship at the place where the internship is permitted.

Nevertheless, the Defendant neglected this and allowed the victim E(S. 41 years old) to change the course to three lanes in order to avoid a collision with the Defendant’s vehicle with the victim E(S. 27 years old) who driven by the victim C(S. 27 years old) who was driving along the two-lanes of the yellow real line with the center line of the yellow real line, so that the part on the left side of the victim E(S. 41 years old) owned by the victim E(S. 41 years old) who was parked on the three-lanes is shocked by the victim C’s right-hand part.

As a result, the Defendant suffered injury to the victim C by negligence in the course of business, such as cryp salt in the crym that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The Defendant’s vehicle driven by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a vehicle with bitlers, and thus, despite the fact that it requires more attention in driving due to a high risk, the Defendant was faced with the central line and caused a traffic accident while driving a U-turn.

In addition, the defendant is suspended from execution due to the violation of the Act on Special Cases concerning Traffic Accidents.

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