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(영문) 제주지방법원 2017.06.23 2017고단131

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of eight 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 is engaged in driving of a vehicle with C low-speed.

On January 14, 2017, the Defendant driven the above car at around 17:12, and led the front of the E-distance road in D to the upper two-distance flood from the front distance.

The Defendant was negligent in driving the center line at the time and driving in the opposite lane to the opposite lane to the Defendant’s driving vehicle, and the front part of the G K5 vehicle in the victim F(49 tax) driving in the opposite direction to the Defendant’s driving direction was received as the front part of the Defendant’s driving vehicle.

Defendant 1 caused by negligence in the course of business as above, to the victim F, the victim H (the knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee)

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. A photograph of the scene of an accident, a traffic accident report (on-site investigation report), a traffic accident report (1) (2), and a photograph by capturing a black image;

1. Written estimate (G);

1. Application of Acts and subordinate statutes to medical certificates (F) and each medical certificate (H);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined in consideration of the following circumstances.

The favorable circumstances: The defendant's negligence is large, the degree of injury to the victim is not weak, and the victim's severe punishment is the defendant's severe punishment. The defendant's insurance money for physical damage was paid to the victims due to automobile comprehensive insurance, other damage such as medical expenses is expected to be compensated for a certain part, and there is no record of criminal punishment in the Republic of Korea.