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(영문) 광주지방법원 2016.05.19 2016고정650
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Cone Star passenger car.

On February 8, 2016, the Defendant driven the above vehicle at around 10:10, and led the E-distance intersection in front of the Gwangju Mine District D to the right-way from thewest side.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, the Defendant neglected this and took part of the part before the left-hand part of the Defendant’s vehicle, which was driven by the victim F (52 tax) driveed in the opposite opposite lane due to the negligence of breaking the center line.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim F of the light knife and tension that requires approximately two weeks of treatment on the part of the victim H(S) who was on the said rocketing car, suffered from the victim H(S 49) of the said rocketing car the injury of various parts that require approximately two weeks of treatment, the injury of the fnife f in the left part, which requires approximately seven weeks of treatment to the same victim I(S 83 years of age), the injury of the fnife f in the left part, and the injury that requires approximately one day of treatment to the same victim J(24 years of age), and the injury that requires approximately two-day treatment to the same victim K (S 21 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to survey the actual condition, each written diagnosis, a certificate for outpatient treatment, a certificate of confirmation for outpatient treatment, and an accident vehicle photograph;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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