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(영문) 창원지방법원 2018.03.28 2018고단157
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Oralba.

On December 8, 2017, the Defendant driven the upper 03:39, the Defendant proceeded with a three-lane road in front of the Changwon District Public Prosecutor's Office located in 669, Changwon-si, Changwon-si, Changwon-si, with a speed of about 20 km away from the speed of 70 km to the convenience point of GaS25 city.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance by driving a person engaged in driving service with the duty of care to prevent accidents by safely driving in a safe way without breaking the center line.

Nevertheless, the Defendant neglected this and proceeded along the center line by driving the road on the street, and caused the victim D (59 years old) who was straighted in the third-lane of the opposite part, to have the front part of the EK7 taxi car driven in this EK7 taxi driver's vehicle in front of the opposite part on the right side of the Defendant's Otoba.

After all, the Defendant suffered injury to the victim D, such as a dub above L2, which requires approximately 8 weeks of treatment, due to the above occupational negligence, and injury to the victim F (47 years of age) who was on the part of the victim D, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing the scene photographs of an accident, fluor cambling of damaged vehicles, video CDs;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is to injure the taxi engineer and passengers by shocking the center line along the six-lanes of the opposite line by driving the Oralb in the middle of the court.

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