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(영문) 창원지방법원 2018.06.22 2018고단946
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in CM truck driving service.

On November 15, 2017, the Defendant made the left turn to the right turn in the direction of creative distance from the upper fluoral ICT direction to the intersection of the upper duplication distance in 29, Sungsan-gu, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with good faith while driving.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by neglecting the fact that the vehicle driving signal is changed to the stop signal, and due to the negligence of left-hand turn from the left-hand side of the defendant's moving direction, the victim D (In this case, 28 years old) driven by the victim D (in this case, the front-hand part of the vehicle driving by the defendant was driven by the front-hander of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which caused a traffic accident by negligence in violation of the signal at the intersection and resulting in the victim’s injury requiring medical treatment for about eight weeks, is that the crime liability is not less exceptionally in light of the degree of the breach of the duty of care, and the degree and degree of the injury.

However, the defendant reflects his fault in depth.

The defendant's vehicle will be covered by the comprehensive motor vehicle insurance, and the damage is expected to be covered by it, and the defendant will pay the victim 12 million won.

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