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(영문) 춘천지방법원 원주지원 2019.05.02 2019고단98
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 18, 2018, the Defendant operated a low-priced passenger vehicle B around 06:50 on October 18, 2018, and proceeded on the roads 19th of the national highway D, which is located in Gangwon-gun C, with Hongcheon-gun asbestos protection area from the crossing Eup.

Since there is a road where the center line of yellow solid lines has been installed, there was a duty of care to safely drive the car driver with the front line and the left and right, and to safely drive the car.

그럼에도 불구하고 피고인은 이를 게을리 한 채 중앙선을 침범하여 운전한 과실로 마침 맞은 편에서 정상 진행 중이던 피해자 F(남, 62세) 운전의 E 봉고Ш 화물자의 좌측 앞 범퍼 부분을 위 투싼 승용차의 좌측 앞 범퍼 부분으로 들이 받았다.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury to the victim F, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and the injury to the victim G (V, 57 years of age) who was boarding the above wing-in cargo vehicle, such as a chest feling and closed strawing that require medical treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the occurrence of each traffic accident by F and G;

1. A traffic accident report and a traffic accident report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant is sentenced to imprisonment for the same kind of crime (the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) and for six months of suspended execution and is currently under suspended execution.

The defendant, who gets the central line and caused the traffic accident of this case, is not against the negligence.

The favorable circumstances: The defendant recognizes the crime of this case.

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