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(영문) 대전지방법원 천안지원 2016.01.29 2016고정12

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of passenger car volume B.

On October 1, 2015, around 23:40 around 23:40, the Defendant was driving along the border road of the national highway 21 in the Nam-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon National Highway Intersection 21.

The above place is on the road to enter the new line intersections and wooden tents from the 21st national highways, and one-way roads, and the person engaged in driving service shall normally proceed on the road, and the person has a duty of care to prevent accidents by proceeding without violating signal and instructions.

Nevertheless, due to the negligence that the Defendant violated one-way traffic and the entry prohibition order and conducted in the station, the first line of the National Highway No. 21 is shocked by the front section of the victim C(27 years old) driving D's low-speed driving volume and the vehicle side of the victim.

As a result, the Defendant caused injury to the victim, such as “asheds at the bottom of the soft aggregate,” which requires approximately six weeks of medical treatment due to negligence in violation of traffic methods and instructions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning C in a protocol concerning the examination of suspect of the police;

1. A survey report on actual conditions and on-site map;

1. A medical certificate;

1. Application of statutes on site photographs;

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

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

1. The punishment shall be determined by taking into account the following circumstances: (a) the Defendant’s violation of the Defendant’s direction in sentencing of Article 334(1) of the Criminal Procedure Act; (b) the degree of injury of the victim; (c) the Defendant’s mistake is recognized; (d) the fact that the Defendant was covered by a comprehensive motor vehicle