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(영문) 대구지방법원 2017.05.10 2017고정661

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On August 13, 2016, the Defendant driven the above car at around 17:00, and stopped the D's way to move ahead of the D's way in Gyeongsan City, Simsan. The Defendant stopped from the string distance from the mar hot spring shooting distance to the Jam-si.

When a driver leaves a driver's seat, he/she has a duty of care to safely maintain the state of stop of the vehicle and prevent the accident by driving the brakes, etc.

Nevertheless, the Defendant neglected this and did not use a brake system, and continued to operate the cream (D) due to negligence, and continued to operate the said car in the future. At the same time, the Defendant suffered injury, such as the mouths of the outer reproduction and bones, which require approximately 6 weeks of treatment while getting off from the passenger car E (W, 60 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

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. 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;