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(영문) 창원지방법원 2018.03.15 2018고정30
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a passenger car in BM3 vehicle volume.

On November 5, 2017, the Defendant driven the above vehicle at around 01:50, and continued the intersection of the land distance in the Gusan-dong, Kimhae-si, Kimhae-si to the surface of the 5 Jeju-si apartment zone at the 1st airspace (Gu tunnel) of the Gusan-si.

Since the place is an intersection where traffic is controlled by signal apparatus, there was a duty of care to reduce the speed of the vehicle for the driver of the vehicle, to take the right and the right of the vehicle well, and to safely proceed in accordance with the signals.

Nevertheless, the Defendant neglected such duty of care and neglected to proceed with an intersection signal while in violation of that signal, and caused the failure to go to the right side of the Victim C (W, 44 years old) driving, which was driven by the victim C (W, 5 years old), who had left to the left in accordance with the new code, from the 5 main apartment space located in the jurisdiction of the modern hospital, at the end of the modern hospital.

As a result, the Defendant caused the victim E (V, 48 years of age) who is the passenger of the above victim C and the damaged vehicle, to suffer crypume, etc. in need of treatment for 20 days, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis to C and E;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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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