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(영문) 의정부지방법원 고양지원 2017.07.20 2017고정683
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On February 16, 2017, the Defendant driven the above vehicle at around 17:27, and came to turn to the left according to one-lane between the two-lanes in front of the valley 2 in the mountain basin and the two-lanes in the valley 3-lane.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving service has a duty of care to pass along the center right side of the road by accurately manipulating the operation and steering gear.

Nevertheless, the Defendant neglected this and got the front portion of the D SP car driven by the victim C (27 S, n, n) who stops in the signal waiting at the end of the time when the Defendant was negligent in driving the central line, and received the front portion of the D SP car in front of the left side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement related to a traffic accident (C);

1. Blue images of a black stuff;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2) and Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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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