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(영문) 서울북부지방법원 2017.06.22 2016고정2438
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives one ton cargo vehicle of C as his/her duty.

On April 23, 2016, the Defendant driven the above vehicle around 11:30 on April 23, 2016, while driving the five-lane road in front of the E cafeteria in Seoul Northern-gu, Seoul, along the two-lanes from the forest side to the direction of the road in the Blue of Northwest, and changed the course into three-lanes.

In such cases, the driver has a duty of care to avoid changing course when it is likely to obstruct the normal passage of other vehicles in the direction to reduce the speed of the vehicle and change the course by checking the right and the right and the right of the vehicle.

Nevertheless, the part on the left side of the vehicle of the defendant's cargo was driven by the victim FF (49 tax) who had been driving three-lanes in the same direction as the time-off, due to the negligence of neglecting the defendant and driving the three-lanes of the same direction as the defendant's cargo vehicle.

As a result, the Defendant suffered from an injury to the victim H (V, 49 years old) who was on board the damaged vehicle due to the above occupational negligence, requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police with regard to F;

1. A H statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and a actual survey report;

1. A medical certificate;

1. Video CDs;

1. Application of Acts and subordinate statutes concerning the report of investigation;

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

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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