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(영문) 광주지방법원 2015.01.07 2014고단4490
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a driver of a passenger vehicle B K7 vehicle volume.

On October 26, 2014, the said vehicle was driven by the operator of the relevant vehicle as the business around 20:00, while driving the said vehicle at a speed of about 20km in speed of about 132km and about 20km in the direction of the C Hospital, the front route of the 132-gil, the Dominin 22-ro, the Dominin 20km from the direction of the C Hospital.

Since there is a road where the center line of yellow domin line is installed, the driver has a duty of care to pass along the right side of the road and not to dump the center line.

Nevertheless, the Defendant neglected this and proceeded with the median line as an opposite lane in order to drive a U.S., the Defendant was negligent in driving the center line, and the front wheels of the E large 125C motor bicycle driving by the victim D (Nam, 36 years old) who was driving a two-lane of the three-lanes adjacent to the vehicle in which the mast and masts are faced with the front wheel of the vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the above business to the right side, 7 weeks of treatment for about 6 weeks, such as yellow dust and pipe fluor, and closed injuries.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Investigation report (related to the statement in the F phone) ;

1. Six copies of the accident site and vehicle photograph;

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

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

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, in full view of various circumstances such as the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character and conduct, career, and environment as shown in the pleadings of the instant case: There is no criminal record, and negative factors agreed with the victim: the victim’s injury.

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