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Reasons
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(영문) 청주지방법원 2012.09.11 2012고정525
교통사고처리특례법위반
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 13:00 on March 17, 2012, the Defendant was driving the C Poter Cargo, and the Defendant was driving the C Posi-dong road of five lanes in front of the National Bank located in the Hoju-dong, Young-gu, Hoju-si along one-lanes from the largest hospital distance to the shooting distance, and the Defendant was driving the C Posi-dong in order to keep the opposite direction to the point of accident.

Since there is a point where the left turn signal and the pedestrian signal are allowed, the defendant has a duty of care to safely intern according to traffic regulations.

Nevertheless, the Defendant neglected this and did not discover the victim D(23 years old) driving in accordance with the new heading in the opposite direction, and did not find the victim D(23 years old) driving in the opposite direction, and did not completely conflict with the above Otoba on the right side of the Defendant's car.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim D, such as light salt, etc. requiring treatment for about three weeks, and injury to the victim F (50 years old) who was aboard the Defendant’s cargo to the victim F (50 years old) who was in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Reports on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Photographs of an accident vehicle;

1. Image photographs;

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

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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