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(영문) 창원지방법원 마산지원 2014.04.15 2013고단1059
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

At around 16:05 on October 17, 2013, the Defendant, as soon as possible, proceeded along the two-lane road in front of the 25:0 p.m. in the Simsan-si, Changwon-si, Changwon-si, Msan-si, according to one-lane from the side of the Msan General Social Welfare Center to the Simsan-si.

At this point, the center line was installed at the center of the road, and since the number unregistered vehicles on the road front of the defendant's moving direction were stopped on the road, there was a duty of care to safely proceed by examining whether there is a vehicle going beyond the center line when overtaking the left side of the above vehicle and trying to go beyond the center line.

Nevertheless, the Defendant neglected this and did not avoid the unregistered car ice 125cc c to the driver’s without registration of the injured party C (the age of 22) driving, which was in line with the central line due to the negligence in the course of the business, and did not go beyond the floor of the injured party D (the age of 23) who was in line with the upper left part of the car of the Defendant driving.

The Defendant caused an accident by negligence in the course of business as above, thereby causing injury to the victim C, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and suffered injury to the victim D, such as an open room for the left side of the world where approximately nine weeks of medical treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of police;

1. Application of Acts and subordinate statutes to a report on the occurrence of a pain accident, photographs of scene and accident vehicles, and medical certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act are negligent in driving the central line.

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