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(영문) 창원지방법원 밀양지원 2017.07.27 2017고정43
교통사고처리특례법위반(치상)등
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 engaged in C-driving operations.

On December 31, 2016, the Defendant driven a vehicle above 10:00 on December 31, 2016, and came to the intersection from the side of the new construction site office to the tri-distance from the side of the new construction site office.

There are three-lanes where traffic is frequent between side roads and one-lanes. A person engaged in driving a motor vehicle has a duty of care to prevent accidents by entering the road and preventing accidents by checking that the situation of traffic is well reported by temporarily suspending or making a stop prior to entering the intersection.

Nevertheless, due to the negligence of having entered the intersection as it is, the part of the roof of the driver's vehicle at the top of the moving direction, which was flicked by the victim D (26 tax) driver's e-car of the victim D (26 tax) who was in a straight line from the right side of the moving direction, was shocked by the attached part of the driver's vehicle.

Therefore, by these occupational negligence, the above victim suffered injuries such as salt, tensions, etc. in light of the 2-day medical treatment, and tensions and tensions that require approximately two-day medical treatment to the FF boarding the chief of the damaged vehicle (hereinafter referred to as the 27-year old-age), and damaged the above f,470,438 won for the repair cost of the vehicle from the f,470,438 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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