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(영문) 창원지방법원 밀양지원 2018.12.13 2018고정97
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a Party B's car.

On January 12, 2018, the Defendant driven the above vehicle on the 12:30 on January 12, 2018, and led to the course of the backway from the side of the Daesung High School, where there is no vehicle in front of the Gyeongnam-gun.

At that time, the Defendant attempted to overtake the victim D (82 tax) before the same direction to the left-hand side of the Oral Ba, and thus, the Defendant had a duty of care to prevent accidents in advance, such as taking a well-being of the Oral Ba, securing and driving a safety distance to avoid Oral Ba, and securing and driving a safety distance to avoid Oral Ba.

Nevertheless, the defendant neglected this and failed to properly examine the situation of the above Oral Ba, and operated too close to the left, and did not avoid changing the direction of the above Oral Ba to the left-hand side of the driver's vehicle, and the defendant did not go against the left-hand side of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the so-called saliva on the left-hand body in need of approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on internal investigation (No. 12 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(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 the selection of fines;

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

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

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