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(영문) 창원지방법원 2019.03.13 2019고정9
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 Bone Star Vehicle.

On October 19, 2018, the Defendant driven the above vehicle at around 18:10 on October 19, 2018, and proceeded straightly along three-lanes with the intersection of the chip road immediately preceding the intersection of the chip road at the intersection of the chip from the scular road.

Since the intersection is a road where signal, etc. is installed, a person engaged in driving of a vehicle is obliged to reduce the speed of the vehicle and to clearly operate the steering direction and brake system of the vehicle and to safely proceed while towing the progress of the electric vehicle.

Nevertheless, the Defendant neglected such duty of care and tried to look back on the right side of the victim C (Nam, 31 years old), who was temporarily stopped at the intersection by cross-stop stop signal at the bend of the mast, with the part of the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim E (V, 42 years old) who is the passenger of the above victim C and the damaged vehicle, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate (C, E);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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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