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(영문) 창원지방법원 2019.05.29 2019고단660
교통사고처리특례법위반(치상)
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-learning car.

On December 11, 2018, the Defendant driven the above car at around 17:40, and proceeded to turn to the left at the right angle from C to D from C to D at the center of Sung-gu, Sungwon-si, Changwon-si.

At all times, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving on the intersection where signal, etc. is installed.

Nevertheless, the Defendant neglected this and went to the left due to the negligence of violating the signal on the yellow signal and thereby going to the left, received the front part of the victim E(S 44 years old) driving in accordance with the normal signal from the left-hand side of the course direction, and received the front part of the driver's seat of the Defendant's car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about two weeks, on the part of the victim G (the 45 years old), who was the passenger of the said victimized vehicle, on the part of the victim, for about two weeks of medical treatment, and on the part of the unknown part, such as salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual condition survey report;

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

1. Article 3 (1) of the relevant 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 Concurrent Crimes;

1. Selection of an alternative fine (unagreement, on the other hand, not much severe damage) for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act;

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