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(영문) 광주지방법원 2016.10.13 2016고정1536
교통사고처리특례법위반(치상)
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 19, 2016, the Defendant driving the above vehicle on July 16:42, 2016, and driving a three-lane road in front of the Advanced Sin-ro 99-lane in Gwangju Mine-gu along the two-lanes from the Glun-gu to the Glunnam-gu. The Defendant changed the course into one-lane.

In such cases, a person engaged in driving service shall not change course when it is likely to obstruct normal traffic of other vehicles running in the direction to change course, and he/she has a duty of care to safely change course by giving prior notice of change of course due to the time of direction, etc. and by properly examining the future and rear left.

Nevertheless, the Defendant neglected this and neglected the part of the victim C(39 years old) driving along a one-lane due to the negligence of changing the course into a one-lane, and received the front part of the upper right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt dynasium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to traffic accident reports, diagnosis certificates, photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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