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(영문) 창원지방법원 진주지원 2018.01.26 2017고정416
교통사고처리특례법위반(치상)등
Text

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

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 leisure car B.

On February 26, 2017, the Defendant driven the above vehicle at around 02:35, and led the C to the intersection of the private distance in front of the D User at the Jinju City, from the direction of the C Center, to the front door of the name-wise.

In such cases, the location is equal in the order of priority of the vehicle in entering the intersection and the traffic control is not being carried out, so it is necessary to confirm that the situation of traffic in the intersection is well reported at the time of intending to enter the intersection by temporarily suspending or making a stop at the time of leaving the intersection, and if there is a vehicle entering the right side, there was a duty of care to yield the course.

Nevertheless, the Defendant neglected this and received the front part of the driver’s seat of the victim E (Seoul, 45) driving, which was going to the left-hand side from the right-hand side of the proceeding direction by negligence, from the front part of the right-hand part.

Ultimately, the Defendant, by occupational negligence, damaged the above victims E by causing the injury of light salt, etc., which requires approximately 2 weeks of treatment, to those who are on board the steering boat of the same damaged vehicle ( South, 25 tax) and to those who are on the back seat of the same damaged vehicle ( South, 25 tax). At the same time, the Defendant damaged the damaged vehicle repair cost of KRW 1,321,329 for the damaged vehicle.

Summary of Evidence

1. An accident scene photograph;

1. E statements;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 151 of the Road Traffic Act, Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 8 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 (a punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Violations of Road Traffic Act and Violations of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and a punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against E with the largest penalty);

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act to attract a workhouse.

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