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(영문) 대구지방법원 상주지원 2017.08.22 2016고정190

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at C mother.

On September 8, 2016, the Defendant had a three-lane road located in D at the time of stay at around 11:00 on September 8, 2016, which is located in Kimcheon, along one-lane road.

In this case, a person engaged in driving a motor vehicle has a duty of care to observe the lane and the speed limit and to prevent accidents by accurately manipulating the steering gear and the brakes.

Nevertheless, the Defendant neglected this and caused the limited speed to 140 km every hour more than 80 km every hour, and the victim F(n, 25 years old) who is changing course from the two-lane to the one-lane of the two-lanes conflict with the upper part of the upper part.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the cirratum, which requires approximately three weeks of medical treatment, and injury to the victim H (Y, 31 years of age) who was on board the damaged vehicle, such as salt, tensions, etc. in the cirratum requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Notification of the results of the traffic accident investigation and analysis, traffic accident analysis, and support results for the field of the traffic accident;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Each investigation report (No. 25,26 No. 5 of the evidence list);

1. The ledger of driver's licenses for each motor vehicle and the registers of each motor vehicle;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;