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(영문) 창원지방법원 2017.01.19 2016고정1192
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 vehicle that collects waste B 4 tons.

On October 1, 2016, the Defendant driven the above vehicle at around 02:29, and made a left turn to the left-hand turn at the seat of the lux apartment 20,000 square, a 4-gil, a erode of the window at Changwon-si.

Since there is an intersection where the vehicle signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive the vehicle by entering the intersection according to the signals by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and received the front part of the victim C (65 ) driving D's Do-do-do-do-do-do-do-do-do-do-do-on car, which was directed to the port from the right side of the direction of the defendant's course by negligence on the left side of the stop of the vehicle.

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim C, such as scarbing scarbling, etc., which requires approximately three weeks of treatment to the victim E (the victim 25 years of age), who is the passenger of the victimized vehicle, such as dynasium, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, and a report on a traffic accident (1), and (2) a report on actual condition;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 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 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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