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(영문) 광주지방법원 2016.08.11 2016고정1082
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 2, 2016, the Defendant, around 18:13, had three-lane roads in front of the new apartment complex in the two villages of Seo-gu, Seo-gu, Gwangju, along the two-lanes from the side of the office of Gwangju, proceeded along the two-lanes from the side of the office of Gwangju.

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’s failure to turn back the center line to the entrance of a new apartment located on the left-hand side to the left-hand side of the victim C(67) driving at the entrance side of the new apartment, which was trying to turn back to the right-hand side of the car, was shocked into the left-hand side of the Defendant’s vehicle.

As a result, the Defendant suffered from the above occupational negligence that requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

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

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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