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(영문) 대전지방법원 서산지원 2018.10.17 2018고단124

교통사고처리특례법위반(치상)등

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

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On November 29, 2017, the Defendant driven the above car at around 21:05, and led to the left turn to the right turn to the right in the direction of a watch at the chum of the pawned Hall of literature, which is located in the Jinsu-dong at the time of Jinnam-si.

At the time, at night and at the same time, the signal lights are installed, so in such a case, a person engaged in driving a motor vehicle has the duty of care to safely drive the motor vehicle in accordance with its signals by reducing the speed and keeping the right and the right and the right of the motor vehicle well.

Nevertheless, the defendant, by negligence in violation of the signal, was driven by the victim D(41) who was going straight from the opposite lane in accordance with the straight line at the opposite lane, and was driven by the victim D(41) of E 1 ton in front of the second cargo vehicle by the defendant.

As a result, the Defendant suffered injury to the victim, such as light flasium and flasium on the left-hand side in need of approximately 12 weeks medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, site photographs of accidents, and diagnostic certificates;

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

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is the person who is engaged in driving a passenger car by borrowing B.

On November 29, 2017, the Defendant driven the said vehicle under the influence of alcohol level of not less than 0.05% during blood transfusion at around 21:05, while driving the said vehicle, and driving the said vehicle at the right turn to the left from C to the right turn in the direction of the right turn from the C-section.

2. Determination

(a) an indictment in a criminal trial;