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(영문) 춘천지방법원 강릉지원 2014.06.11 2014고정176
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 a CP small passenger vehicle.

Around 01:00 on November 22, 2013, the Defendant driven a small-sized car (hereinafter referred to as “Defendant’s vehicle”) and operated the bus platform in front of the bus platform in front of the central elementary school of the inletdong in the East Sea at the time of the East-dong, the Defendant operated the first two-lanes of the two-lanes from the erode of the valley-dong, to the erode of the valley-dong, at a speed of non-speed.

At the same time, the victim D (ma, 19 years old) driving E (hereinafter “victim”), which was inside the two-lanes adjacent to that location, was driving, and the XG vehicle volume (hereinafter “victim”) was operated. Therefore, a person engaged in driving service has a duty of care to properly handle the steering system of the vehicle and operate it.

Nevertheless, the Defendant intentionally obstructed the course of the victim’s vehicle in normal operation from two lanes by intentionally passing the center line to the Defendant’s vehicle, and thus, the Defendant shocked the part before the victim’s driver’s seat in front of the victim’s D driving.

Ultimately, the Defendant damaged the above victim’s vehicle by occupational negligence in a way that the amount equivalent to KRW 3,522,856 of the repair cost, and at the same time suffered injury that requires approximately two weeks of medical treatment due to the son’s influoral base of the body part of which is not known in detail.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of written estimates and written diagnosis to statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents by Selection of Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.

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