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(영문) 광주지방법원 2016.03.24 2016고정367
교통사고처리특례법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If 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 a vehicle in B.

On January 6, 2016, the Defendant driven the above vehicle on around 08:20, and led the front road located in Gwangju Mine District C to D-face from the string to D-face.

There is a place where the center line of yellow solid lines has been installed, so in such a case, a person engaged in driving service has a duty of care to avoid breaking the center line.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front part of the Victim E(40) driving, which was going on the opposite lane due to the negligence of driving the center line, was shocked with the front part of the Defendant’s vehicle in front of the right side.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the actual survey report, diagnosis report, on-site investigation and Acts and subordinate statutes governing traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2) and Article 3(2)2 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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