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(영문) 광주지방법원 2016.06.30 2016고단974

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 14, 2016, at around 12:55, the Defendant driven a car at the front of the D cafeteria located in C at the time of B, while driving a car at the speed of about 30km/h of speed per hour, depending on the road from the side of the Southern-Eup, the south-si at the time of the week to the multi-level map at the speed of about 30km.

At that time, there is a center line of yellow solid lines, so a person engaged in driving service has a duty of care to proceed on his/her own lane without breaking the center line.

Nevertheless, the Defendant neglected to do so and entered the center line to the opposite lane, and was driving the victim E (88 years old) on the opposite lane with the front part of the right side of the upper passenger vehicle.

F City 100 c 100 c c oba in front of it.

As a result, the Defendant suffered injury from an injury to the victim on credit, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

1. Relevant Article 3 (1) and the proviso to Article 2 and Article 28 of the Criminal Act concerning facts constituting an offense, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The sentencing conditions set forth in the argument of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., shall be determined in light of the major normal relation, which is deemed as follows with the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, as set forth in the order.

Normal relationship that is disadvantageous to the defendant: The defendant has invaded the central line, is at fault, and the victim has suffered serious injury.

A favorable normal relationship: The defendant does not want the punishment of the defendant in agreement with the victim.

The defendant was not subject to any criminal punishment before that time.

As the vehicles of the defendant are covered by comprehensive automobile insurance, damage recovery can be made considerably.