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(영문) 의정부지방법원 2018.02.21 2017고단1399
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of freight vehicles D Ⅱ.

피고인은 2015. 1. 24. 09:00 경 위 화물차량을 운전하여 강원 E에 있는 ‘F’ 앞 도로를 따라 ‘ 짱 스포츠’ 쪽에서 청원 식당 쪽으로 좌회전하여 진행하게 되었다.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to see the front line and the left and the right, and to safely operate the tea.

Nevertheless, the Defendant neglected this and went to the left while driving a left line at the center line, and followed the part of the victim G (W, 60 years old) driving at the direction opposite to the right line with the front part of the cargo vehicle of the Defendant, which was driven by the victim G (W, 60 years old).

Ultimately, the Defendant suffered injury to the victim of sexual intercourse, etc., which requires approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Each legal statement of a witness G, I, J, K, and L;

1. Each police statement made against I, J and M;

1. A written statement of I, J and G:

1. Each medical certificate and opinion;

1. On-site photographs (45 pages, 122 pages);

1. Investigation report (investigation into the scene of an accident);

1. On-site map (124, 125, 126 pages);

1. Application of Acts and subordinate statutes to a survey report on actual conditions (138 pages);

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

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was in an unfasible state at the time of the instant accident, at the time of the instant accident.

다퉜다 그러나 앞서 본 증거들에 의하면, 중앙선 침범 위치와 범위는 비록 명백하지 않을지라도, 최소한 앞바퀴 등 일부분이라도 중앙선을 침범한 상태에서 피해 자를 충격한 사실은 인정된다.

The victim suffered a large amount of injury that could have lost consciousness immediately after the accident.

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