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(영문) 광주지방법원 순천지원 2017.06.15 2017고정74
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

On November 15, 2016, the Defendant driven the above vehicle at a speed of no more than 16:50 on November 15, 2016, while driving the vehicle at a speed of no more than 1-lane in front of the Yansan-gun, Yansan-gun, Yansan-gun.

It is a hond road of a hondro and a place where the center line of a yellow-ray is installed. In such a case, the driver had a duty of care to safely drive the hond line by accurately manipulating the steering and brakes by making the hond right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the Defendant neglected this and shocked the upper part before the left side of the cargo vehicle driving by the Defendant, which was driven by the victim D, who was running in the opposite lane due to the negligence of breaking the center line.

Ultimately, the Defendant suffered from the injury to the victim E, who was on board the above victim D and the damaged vehicle due to the foregoing occupational negligence, such as satisfe, tension, etc. in need of approximately three weeks of treatment.

Summary of Evidence

1. The defendant's partial statement (the defendant did not commit a central crime)

However, in light of the fact that the traffic accidents caused by traffic accidents are far away from the road in which the victim is driving, and the beginning point of the road that occurred after the two vehicles are flick, the statement of D on the background of the accident is credibility in light of the fact that the vehicle is on the road in which the victim is driving vehicle).

1. Legal statement of the witness D;

1. Partial statement of the witness F;

1. Evidence and photographs of the traffic accident scene;

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

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. The order of provisional payment;

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