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(영문) 대전지방법원 홍성지원 2018.01.16 2017고단777

교통사고처리특례법위반(치상)

Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bmera.

On February 8, 2017, around 06:15, the Defendant driven, and proceeded with, the instant Obaon at a speed of about 64 km from the new mixba to the red source port at a speed of about 64 km in the speed of 31km-ro, 31, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seocheon-gu, Chungcheongnam-do.

At the time of night and there are places of delivery and houses in the vicinity, so the person engaged in driving service has a duty of care to safely drive the motor vehicle by reducing the speed and checking well the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with it, and the Defendant got the victim C (76) who crossed the above road to the right side from the left side of the direction of the progress of the Otoba as part of the left side of the above Otoba.

Ultimately, the Defendant suffered from an injury to the victim due to such occupational negligence, such as blood transfusion, which requires at least six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the choice of fines (such as: (a) the defendant's mistake and reflects his/her own mistake; (b) the primary crime with no record of punishment; and (c) the victim's negligence with regard to the expansion of damage);

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;