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(영문) 청주지방법원 제천지원 2018.09.06 2018고정38
교통사고처리특례법위반(치상)
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who drives C Poter Cargo Vehicles.

On April 27, 2018, the Defendant driven the above vehicle on April 10:55, and led the front of the road of Docheon-si to the apartment zone on the world, where the passage of the road of Docheon-do is convenient.

Since the accident place is a road with a median line marked, the driver of the vehicle has a duty of care to pass on the right side of the road.

Nevertheless, the Defendant neglected to commit this, thereby falling into the part of the driver’s seat in front of the vehicle driving by the Defendant, which was driven by the victim E (53 cm, FK5 car driving in front of the driver’s seat in front of the vehicle driving by the Defendant.

After all, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of two weeks’ medical treatment due to occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. Beauty room ctv images and Ma2 Vehicle Track images and photographs and site pictures of accidents;

1. A motor vehicle booms, video images of cosmetics and CCTV images of cosmetics;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the traffic accident in this case, the defendant was parked on the right side of the lane along which the defendant was driving, and thus the defendant could not pass without the median line.

Therefore, at the time of the instant traffic accident, the Defendant did not take other appropriate measures to avoid the obstacles shown on the lane, and attempted to operate the vehicle in compliance with his/her own lane, but the Defendant could control.

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