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(영문) 대구지방법원 상주지원 2016.03.22 2015고단559
교통사고처리특례법위반
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle for riding BM520.

On September 15, 2015, the Defendant driven the above vehicle on September 15, 2015, and moved the front of the D road in C at the time of residing, from the sloping distance to the front of the road in C.

At this point, the letter, where the center line of yellow solid lines is installed, is a bend road of one lane, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in response to the road situation and prevent the accident by safely keeping the lane in line with the road situation.

Nevertheless, the defendant neglected this and neglected to do so.

I think that the driver's negligence caused the center line to be invaded, and that the driver's driver's 67 detailed driving of the victim's E (67 tax) driving, which took place at the time of the accident, made the front left side of the driver's vehicle of the defendant's driving.

As a result, the Defendant suffered from the above occupational negligence, such as the injury to the victim E, such as chest spel, which requires approximately five weeks of treatment, and the injury to the chief passenger G (76 years of age) of the Defendant’s vehicle for about five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A survey report on actual conditions;

1. Analysis of traffic accidents;

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

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 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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