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(영문) 창원지방법원 거창지원 2016.07.27 2016고단172
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On June 2, 2016, the Defendant driven the above vehicle at around 12:42, and proceeded at a speed of about 40 km from the direction to the parallel of the village in the city of Chang-gun, Chungcheongnam-gun at the speed of about 40 km.

There is a duty of care to drive a motor vehicle in compliance with traffic order, such as a person engaged in driving the motor vehicle, who is well aware of the right and the right and the right and the right of the motor vehicle, and the central line is not invaded, because it is difficult to secure the right and the right of the road at a bend and bend, and it was installed with a yellow-ray central line.

Nevertheless, the Defendant neglected to do so at the front of the vehicle's left-hand part before the left-hand part of the vehicle of the Defendant, which was driven by the victim D (64 tax) which was driven in a part adjacent to the direction of the Defendant's proceeding by negligence over the center line, and was driven by the Defendant.

Ultimately, the Defendant suffered from the victim F (the age 24) who was aboard the Defendant’s vehicle due to the foregoing occupational negligence on the part of the Defendant, the victim F (the age 24) suffering from the injury, such as the influence of the influence of the influent body, which requires approximately 3 weeks of medical treatment, such as divers, divers, etc., that require multiple medical treatment to the victim D, and the victim G (the age 62) who was aboard the damaged vehicle (the age 62) that had no influent body for about 6 weeks of medical treatment; the victim H (the age 82) who was accompanied by the influent body of the influent body that requires approximately 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Article 268 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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