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(영문) 전주지방법원 2017.05.02 2016고정895
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 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 drives a cargo vehicle of C1 ton.

On October 24, 2016, the Defendant driven the above vehicle around 10:20 on 24, 2016, and proceeded with the first line of the “E” in the “E” located in the former North-U.D.D. from the jurisdiction of the Simsan-gun to the non-Eup/Myeon.

In this case, the center line is installed, and there was a track prior to the right side in front, and there was a hond road as well as a honding road. In this case, the driver has a duty of care to keep the hond line well and to drive safely.

Nevertheless, the Defendant neglected this and did not pass over the Track on the left side, and caused the central line to be obstructed by negligence, and caused the 1 ton of the son F (Y, 70 years old) driving in the opposite direction to the front part of the said vehicle, which was 1 ton of the Hack F (M, 70 years old) driving.

As a result, the Defendant suffered cerebral sugars to the above victim for about three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Reports (1), (2) on traffic accidents;

1. On-site photographs of a traffic accident;

1. A report on investigation (related to the width of a street and a motor vehicle track width);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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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