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(영문) 대전지방법원 2018.04.20 2017고정1669

교통사고처리특례법위반(치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

On April 29, 2017, the Defendant driven the upper vehicle at around 17:20, and driven the upper vehicle at around 17:0,000, along with the two-lane road in front of the Do fenced middle school, which is located at the speed of 80, a three-lane, the Defendant proceeded at the speed of 17:00,000 from the east to the east of the east, and led to the change of the two-lane.

In this case, a driver of a motor vehicle has a duty of care to safely change the lanes and prevent accidents in advance while considering the traffic situation of another motor vehicle in front, rear, and left and left.

Nevertheless, the Defendant neglected this and went through a two-lane from the first lane to the second lane, and received the front part of the motor vehicle operated by the victim C (hereinafter referred to as 56 years old) who was driving in the same direction in the same direction as the front part of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on the occurrence of traffic accidents, and presentation and photographs of victims;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007)