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(영문) 창원지방법원 2015.04.15 2014고단3339
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On September 26, 2014, the Defendant driven the above car on the 19:23th day of September, 2014, and led D to the front road located in Kimhae-si C from the annual park to the home-plug.

Despite the duty of care to safely drive along the traffic signal to prevent accidents to those engaged in driving service on the street crossing where the signal, etc. is installed, the Defendant neglected to do so and received the part of the victim E (the 31-year-old driver) who is proceeding by right-hand turn from the right-hand turn to the right-hand turn at the right-hand side of the stop signal, following the left-hand turn-hand side of the driver E (the 31-year-old driver) driving, and the part of even and fences and fences was taken over by the Defendant’s driver

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E, such as light dynasium in need of approximately two weeks of medical treatment, sustained injury to the victim G (58 years of age) who was on board the said rocketing car, such as light dynasium in need of medical treatment for about two weeks of age, sustained injury to the same victim H (1 years of age) of acute stress reaction requiring approximately two weeks of medical treatment, and suffered injury to the same I (0 years of age) of acute stress reaction requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accidents (E);

1. A medical certificate (E, G, H, I);

1. Application of the report on the occurrence of a traffic accident, the actual investigation report on the traffic accident, and statutes governing field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal 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 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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

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