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(영문) 대구지방법원 김천지원 2015.04.10 2015고정99

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-way sports vehicle B.

At around 22:10 on November 29, 2014, the Defendant driven the said vehicle on the alleyway adjacent to D located in Gumi-si C, Gumi-si, and went through the said vehicle for illegal internship.

At that time, there was a duty of care to prevent a person engaged in driving of a motor vehicle from driving a motor vehicle thoroughly and overworking the center line, because he/she was a road front of a private-distance intersection where the center line of yellow solid lines is installed.

Nevertheless, the Defendant neglected this and received the front part of the Victim E (the 17-year-old) driving 125 cc. from the right side of the said C-do sports vehicle, which was going to Samsung C-do under the new line, from the direction of the Man-do Scang Scular street, due to the occupational negligence of the central line, which was invaded by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the 5th left-hand body, which requires approximately four weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;