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(영문) 의정부지방법원 2018.04.18 2018고정154
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Cwing and three cargo vehicles.

On February 25, 2017, the Defendant driven the above cargo vehicle around 16:00, and proceeded at a speed of about 10km along the two-lanes from the horizontal distance towards the two-lanes.

When the defendant at the time intends to change the course of a motor vehicle to a person engaged in driving service while changing the course from a two-lane to a one-lane, he/she shall not change the course if it is likely to impede the normal flow of another motor vehicle running in the direction to which he/she intends to change the course.

Nevertheless, due to negligence of change of course, E driven by one lane in the same direction, was shocked by the back of the driver's seat on the side of the vehicle driven by the defendant.

After all, the Defendant suffered injury to the victim G(38 tax) who was on board the head of the next wing line operated by E due to these occupational negligence, for approximately two weeks of medical treatment.

2. The defendant who violated the Road Traffic Act;

1. The victim E-vehicle repair cost of KRW 813,00 was damaged due to an accident such as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the occurrence of G traffic accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, and the selection of fines for each crime;

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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