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(영문) 창원지방법원 2013.10.04 2013고단1985
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

On May 24, 2013, the Defendant driven the above vehicle at around 16:35, and became aware of the fact that the tunnel was closed in front of the entrance of the Cheongcheon-ri, which was closed in the Cheongcheon-ri, from the “Yak-gu Golf” side while driving the said vehicle to the said tunnel, and led to returning the vehicle to the “Yak-gu Golf” side and driving the vehicle to the lower direction of the Jak-gu Seoul Special Metropolitan City.

In the case of a road running from the side of the “slid golf” to the lower side, a central line is installed, and it can immediately proceed to the “slid golf” at the point of a parallel with the road going to the lower side of the tunnel, and it cannot immediately enter the road to the lower side, and thus, a driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle to the lower side by driving the motor vehicle toward the “slid golf” at a permitted point, and driving the motor vehicle to the lower side by operating the motor vehicle to the lower side.

Nevertheless, the Defendant neglected this and went to the west by the opposite lane of the first road in order to immediately enter the west from the said parallel to the west, and by negligence, went to the opposite direction of the said vehicle, and was driven by the injured party E (the aged 44) with the front end part of the said vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, injury to the above E, such as brain-dead sugar, etc. requiring treatment for about 3 weeks, and injury to the victim G (50 years of age) who was on board the above cargo vehicle, such as the frame of the lower part of the right-to-hand frame requiring medical treatment for about 14 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

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

1. Application of each written diagnosis (E, G) statute;

1. Criminal facts;

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