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(영문) 대구지방법원 2015.09.24 2015고단3327

교통사고처리특례법위반

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 non-fuse vehicle C.

On April 9, 2015, the Defendant driven the said car on April 19, 2015, and continued to drive the said car on the road of one lane in front of Yongcheon-si from the Cheongcheon-si on the Cheongcheon-si side of the Cheongcheon-do Public Security Center.

At the time of night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, and left and right of the driver, and driving the steering and brakes in a safe manner.

Nevertheless, the Defendant neglected to do so and thereby was the victim E (year 52) who was crossing the above road from the right side to the right side of the car driving by the Defendant due to the negligence of violating the duty at the front and right side of the car.

Ultimately, the Defendant suffered from a serious injury due to the above occupational negligence, such as a serious injury caused to the victim, on the one hand, a two open wound which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to each investigation report (verification of the state of a victim, requests for cooperation to answer questions related to serious injury, and the results of replies, attach a medical 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is that the victim suffered serious injury and the result of the crime is serious.

However, the defendant is against the defendant, the first offender, the 30,000,000 won is paid and the victim's family members are fully agreed to do so, and other various sentencing conditions such as the motive, means and result of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, family environment, etc. shall be determined as ordered by the order.