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(영문) 대전지방법원 서산지원 2018.04.19 2018고단55
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 of the B1 ton cargo vehicle.

On September 11, 2017, the Defendant driven the above cargo vehicle at around 07:10, and led to turn to the left at a speed of about 20 km from the hurth of the office at the right angle to the right side of the sub-section of the sub-section of the sub-section of the sub-section of the sub-section of the sub-section.

Since the way in which the central line is installed is an intersection connected with one lane, a person engaged in driving a motor vehicle should not enter the opposite lane beyond the central line prior to entering the intersection, and there was a duty of care to make a left-hand turn while not impeding the passage of the opposite lane.

Nevertheless, the Defendant neglected to do so and caused injury to the victim C (the 37-year-old driver), who was going straight from the opposite lane by negligence beyond the center line prior to the entry into the intersection, by taking up the adjacent part of the DCA110 U.S. on the right side of the cargo of the Defendant, into the adjacent part of the cargo of the Defendant, thereby causing about 10 weeks in detail the right side in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 a selective fine for punishment (the fact that the error is against the depth, the fact that the victim has agreed to do so, the first offender who has no record of the crime in this case, and the circumstances leading to the crime in this case, the circumstances after the crime, the age of the defendant, sexual conduct, and the environment, etc. shall be considered);

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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