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(영문) 광주지방법원 순천지원 2017.06.23 2017고정201
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one 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 B Poter cargo vehicles.

On February 9, 2017, the Defendant driven the above vehicle around 10:40 on February 10, 2017, and came to go straight from the south of Samsung Bio-ray to the south of the medical center.

Since the location is a private distance intersection where signal lights are installed, there was a duty of care to safely drive the driver in accordance with the traffic signals by living well the right and the right of the driver.

Nevertheless, the Defendant neglected this and caused the Defendant to shock the front part of the franchise vehicle driven by the Defendant, which was driven by the Victim C, in accordance with the new signals from the erode on the street from the erode to the cultural distance from the erode of the same road by negligence, and continuously shocked the front part of the truck driven by the Defendant, and continuously shocked the rear part of the wing and cargo vehicle driven by the Defendant D while waiting in the opposite lane.

As a result, the Defendant suffered from the injury of salt, tension, etc. in need of approximately two weeks of treatment to the victim D, such as the above victim C by occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Written statements of D;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the scene of a traffic accident, photographs of evidence on the scene of a traffic accident, and CCTV closure photographs;

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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with a heavier penalty);

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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