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(영문) 대전지방법원 2015.05.14 2015고정361

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 30, 2014, at around 18:38, the Defendant driven a car with B B, while driving a three-dimensional distance from the front line in Daejeon U.S. C to one light zone from the Cheongsan C, and turn to the left at the same three-lane.

At this time, a person engaged in driving service has a duty of care to properly handle the steering direction and operating system of the vehicle and to safely proceed in accordance with the signals, because the signal is an intersection in normal operation.

However, the Defendant neglected this and neglected to turn to the left at a straight signal, and received the front part of the F vehicle of the victim E (E, South and 61 years old) driving under the new subparagraph from the opposite part of the right side of the Defendant vehicle.

In the end, the victim suffered from the injury of the pressure frame No. 12, which requires approximately 10 weeks of treatment due to occupational negligence, and the pressure frame No. 1 of the Hastal.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. positive sentencing factors: The fact that the defendant gave 7.5 million won to the victim and agreed, and that the defendant has no power to punish him; and

2. Factors of negative sentencing: The fact that the victim's injury is heavy.

3. In full view of the above factors of sentencing, the amount of fine for summary order is appropriate in that it sufficiently takes into account the above positive factors of sentencing.