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(영문) 창원지방법원 통영지원 2018.12.18 2018고정200
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving cars for the CM5 passengers.

On February 8, 2018, the Defendant driven the above car at around 07:20, and proceeded along the intersection of the street in front of the E, which is located in Dong, through through Dong-dong administrative welfare center, with one-lanes of the gas station directly operated by Do-ri, Seoul.

At the time, the defendant was driving by G taxi operating the Victim F(70) on the front side of the defendant, and since he is a place where overtaking is prohibited as a three-distance intersection, there was a duty of care to make the driver of the motor vehicle not to overtake.

Nevertheless, the Defendant neglected this and caused the victim to go to the left side of the taxi that the victim was trying to turn to the left by negligence while leaving the taxi driving by the victim to the left side of the taxi.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Legal statement of witness F;

1. A traffic accident-related statement of the F;

1. Reporting on the occurrence of a traffic accident, the ledger of driver's licenses, the actual survey report, and the application of statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)4 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. 당시 F이 운전하는 G 택시가 이 사건 삼거리 교차로에서 비상 깜빡이를 켜고 서 행하다가 좌회전을 한 사실은 인정되나, 이 사건 사고 가 삼거리 교차로에서 일어났고, 도로 교통법 제 22조 제 3 항에 의하여 교차로에서의 앞 지르기가 금지되어 있는 이상, 피고인에게 과실이 없다고 보기는 어렵다.

2. In addition, according to the records, the defendant's person.

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