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(영문) 대전지방법원 2016.10.21 2016고정861

교통사고처리특례법위반

Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BP car.

On April 13, 2016, the Defendant driven the said car on April 21, 2016, and driven the said car at a speed below the speed of the city, depending on the two lanes in front of Daejeon Seosan-gu C, the two lanes in front of the Guamri-gu, Daejeon.

Since there was a road on which a median or left turn is prohibited, it is necessary for a person engaged in driving service to lead a U-turn or turn to the left at the center line, and there was a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and went to the left turn by the negligence of the center line to enter the access road of the Defendant’s residence, which led the victim D(30 years of age) who immediately operated the steering gear to avoid the discovery of the Defendant’s passenger car and to avoid it.

As a result, the Defendant suffered injury to the victim, such as Dam tymal tymphism, which requires approximately two weeks of medical treatment, by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. The actual condition survey report, a field photograph of accident, a diagnosis report, and the submission and photograph of victims;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The degree of violation of the duty of care of the defendant is not weak due to an accident that occurred in the course of the defendant's attempt to turn to the left by impairing the central line, and the circumstances favorable to the failure of agreement with the victim: the defendant is against the law.