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(영문) 춘천지방법원 2013.04.23 2012고정715
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

around 14:50 on October 5, 2012, the Defendant, “BYC” No. 641-2 No. YC, “(BYC) operating a high-end motor vehicle in the street and proceeding in accordance with the turn-over 1 vehicle from the surface of the Switzerland-dong at the same time, and there is a middle line of the yellow-ray with the arm’s length square, so no driver is fluoring the central line. However, even if the center line is installed, the driver is not fluoring the center line, in violation of this, the victim E (the victim 20 years old and south) who is the driver of the Da Orba, who is the driver of the left-hand-hand motor vehicle, caused a non-Contact accident that causes a collision with the Defendant’s vehicle beyond the center line, thereby resulting in the need for treatment for about two weeks in need of treatment to the victim.

Summary of Evidence

1. Partial statement of witness E;

1. Some of the E statements;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant under Article 334 (1) of the Criminal Procedure Act of the provisional payment order cannot be viewed as an injury under the Criminal Act because the defendant's driver's vehicle and E driver's vehicle did not conflict with each other at the time of the accident in this case, and the crime is not established.

However, as seen below, the defendant's driver's vehicle and E driver's vehicle did not directly conflict with each other at the time of the accident at the time of the accident at the time of the accident at issue. However, at the time of the accident at the time of the accident at the time of the accident at issue, the defendant was able to see the center line of the left at the time of the accident at the time of the accident at the time of the accident at issue in order to avoid a collision, and the E, who was on the left-hand part, was flicked to an urgent trend, and the E was suffered from an urgent satch in need of two weeks medical treatment.

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