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(영문) 창원지방법원 마산지원 2019.11.22 2019고단933
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On July 24, 2019, at around 10:15, the Defendant, who is engaged in the operation of Bsch Rexroth car, was driving the said car without a driver’s license, and was driving the road near the entrance of the Cirex 1602, the Birex 1602, in the direction of the Sinnam-gun-gun, Jirnam-gun.

The driver of any motor vehicle intending to overtake another motor vehicle shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle traveling ahead, and shall overtake the other motor vehicle traveling ahead at a safe speed and in a safe manner, such as using the direction indicator, light or horn, considering the speed and route of the motor vehicle traveling ahead and the road conditions.

Nevertheless, the defendant neglected this and failed to secure a sufficient space for the victim C(73 years old) driving and attempted to overtake the victim C(73 years old) driving by negligence, which led the victim to the front part of the driver's vehicle.

In the end, the Defendant caused the cerebral cerebral tension to the victim, which requires approximately four weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, on-site photographs, and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing requirement under Article 334(1) of the Criminal Procedure Act has the same criminal records as the sentencing reason of the provisional payment order, while on the other hand, the sentencing conditions, such as the defendant’s age, character and conduct, environment, circumstances after the crime, etc., shall be determined as ordered by considering the following factors.

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