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(영문) 광주지방법원 2017.09.14 2017고단3173
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving agricultural machinery.

On June 16, 2017, the Defendant driven the border engine around 20:30 on June 16, 2017, and driven a path to the 876-22, Nam-gu, Gwangju, and to the jumbs on the west side from the west to the ridge on the west side.

At the same time, there is a road where the center line of yellow solid lines is installed, so in such a case, a person engaged in driving service has a duty of care to pass along the right side of the road and not to disturb the center line.

Nevertheless, Defendant 1 suffered injury, as seen above, to the victim C (YY 55) who was driven in the middle line beyond the central line and was driving in the middle line, due to the Defendant’s negligence, to the front part of the Defendant’s horse racing, and to the victim E (SY 74) who was on board the Defendant’s horse while driving in the middle line, such as snife crums and tensions, which require approximately two weeks of treatment, and to the victim E (SW 74) who was on board the Defendant’s horse while driving in the middle line, for about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual conditions;

1. On-site inspections and photographs of accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the 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 Competition;

1. Selection of an alternative fine for punishment;

1. In light of the fact that the instant accident occurred by the Defendant, on the grounds of the sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse, operated a horse in excess of the median line, the criminal liability is not exceptionally imposed.

However, the defendant reflects the crime, and the accident site was a road without the central line for a long time, and the central line seems to have recently been formed, and the defendant's right-hand turn to the village was invaded by the central line, and the victims and the victims want to punish the defendant.

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