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(영문) 의정부지방법원 2015.05.14 2015고정365
교통사고처리특례법위반등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

At around 14:40 on August 26, 2014, the Defendant proceeded bypassing to the direction of a two-lane road in front of the Driju station in Macheon-si C, in order to proceed from the route located on the 3rd side of the sound.

Since there is a gas station on the right side of the road, the driver entering the road to a large scale on the road has a duty of care to check whether or not the driver has entered the gas station by living well, and to safely drive the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded to the left-hand side of the road leading to the oil station by bypassing the right-hand side of the road leading to the right-hand side of the road leading to the oil station, and then the part of the victim E(W, 31) driving FK7 car driving from the two-lanes to the oil station was shocked into the front-hand side of the Defendant’s next left-hand side.

Ultimately, the Defendant caused injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time destroyed the said car with a view to the amounting to KRW 1,793,308 of repairing cost, such as exchange and maintenance of the rier.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. On-site reports (CCTV analysis);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

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 for the detention of a workhouse;

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

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