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(영문) 광주지방법원 2016.09.29 2016고단2790
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 dump truck.

On May 16, 2016, the Defendant driven a dump truck above around 06:40 on May 16, 2016, and proceeded to turn to the left at the right right distance from the direction of red village along the one-lane side distance in the south Sung-gun C.

Since there are three-distance intersections and the center line of yellow domin lines, the driver of the motor vehicle has a duty of care to safely turn to the left according to the designated lane by accurately operating the steering gear while living well on the left.

Nevertheless, the Defendant neglected to do so and got off the center line by his negligence and fump trucks a part of the front part of the victim E(49) truck driving in the direction of red static distance from the direction of the fump distance. The Defendant received the front part of the Fump truck.

Ultimately, the Defendant suffered injury, such as damage to the right side by leaving the right side, which requires approximately three weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

1. Relevant Article 3 (1) and the proviso to Article 2 and Article 28 of the Criminal Act concerning facts constituting an offense, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The sentencing conditions set forth in the argument of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., shall be determined in light of the major normal relation, which is deemed as follows with the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, as set forth in the order.

A disadvantageous normal relationship: the defendant gets over the central line and conflict with the damaged vehicle at the right end, which is more severe than his fault.

A favorable normal relationship: The defendant's vehicles are covered by a comprehensive insurance, and the damage recovery would be made in a substantial part.

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