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(영문) 수원지방법원 성남지원 2019.01.31 2018고단2749
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in driving duty B.

On November 22, 2018, the Defendant driven the above truck on November 22, 2018, and stopped on the right side of the two-lane road in Gwangju City, thereby entering the road.

In this case, the driver of the motor vehicle has the duty of care to prevent accidents in advance by changing the course in the section where it is possible to change the course according to the safety signs.

Nevertheless, the Defendant neglected this and had the victim E (the aged 42) who was driving on the same direction by changing the course in the section where the direction of the vehicle is prohibited from changing the course in which a white solid line is installed, thereby obstructing the course of the Fmotor bicycle driven by the victim E (the aged 42) driving in the same direction.

As a result, the Defendant suffered injury to the victim, such as the left-hand fluoral fluor, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes by cutting off a scene of an accident, a photograph of an accident vehicle, or CCTV images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant, as a driver of a large truck, is obliged to observe the safety marking order, and the Defendant suffers serious injury to the victim due to negligence in violation of such order.

However, the fact that the defendant is against the defendant, the fact that the Maritime Vehicle appears to be able to transfer the damage due to being admitted to the G Financial Cooperative, and it is in the process of avoiding the Maritime Vehicle.

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