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(영문) 대전지방법원 2014.03.07 2013고단4977

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On December 15, 2013, at around 05:40, the Defendant driven a caburd car, and moved off the four-lane road in front of the Tae-dong Tae-dong Tae-dong, Daejeon to D apartment from the east side. The Defendant was installed at the crosswalk, and the Defendant was negligent in performing occupational duties to check whether there was a person who walked the way to reduce the speed and watch his front seat well, and to prevent the accident by driving safely, and was negligent in driving the crosswalk at the left side of the direction due to the bypassing negligence, and caused the victim E (n, 41 years old) (n, 68 years old) to use it on the floor, and caused the victim F (n, 68 years old) and the victim F (n, 68 years old) who was next to it to use it on the floor.

The Defendant, by these occupational negligence, suffered from injury to the victim E, such as a flavating wound, etc. which requires approximately two weeks of medical treatment, and injury to the victim F, such as cerebral alle, which requires approximately ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the first offense, the defendant's age at the time of the accident, and the minor injury of the victim E, who is the first impulse at the time of the accident, is minor, the victim F is considered to have increased damage since the elderly, and it is clear that the comprehensive motor vehicle insurance policy, the serious reflection, and the victim's social relation is clearly agreed upon by additional agreement with the victims.