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(영문) 창원지방법원 거창지원 2019.01.09 2018고단230
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with labor for six months as a crime of obstruction of the performance of official duties in the Changwon District Court's branch on November 10, 2017, and was sentenced to two years of suspension of execution on November 18, 2017, and is still under suspension of execution.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 3, 2018, the Defendant driven the above cargo vehicle on August 17:15, 2018, and proceeded at a speed from the right side to the right side of the side, depending on one lane prior to the entrance of the Gyeongnam Development Group C.

At the same time, the vehicle was left left at the front of the defendant's moving direction due to the intersection where the passage of the vehicle is frequent, and thus, in such a case, the person engaged in driving service is not required to overtake the vehicle, and in addition, even if the person engaged in driving service does domestic overtaking, there was a duty of care to overtake the vehicle at a safe speed and in a safe manner, such as accurately operating the front direction and the steering gear, and using the direction light or horn, etc.

Nevertheless, as long as the Defendant neglected this and tried to turn to the left at the right side of the Defendant’s proceeding by negligence beyond the median line, the part of the back part of the victim-D(the age of 39)-K3 car was driven by the Defendant, which was going to turn to the left at the right side of the said cargo vehicle.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as the salt, tension, etc. of the shoulder pipe that requires approximately two weeks of medical treatment, and the salt and tension of the trend requiring approximately two weeks of medical treatment to the victim F (the 38 years of age), respectively.

2. A criminal suspect in violation of the Road Traffic Act is a person who drives a B Poter freight vehicle;

On August 22, 2018, the Defendant was under the influence of at least 0.21% of blood alcohol concentration at around 21:50, starting from the front of the H cafeteria G in Gyeongnam-gun G.

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