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(영문) 대구지방법원 포항지원 2017.04.12 2017고단163

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving C's bus.

On December 6, 2016, the Defendant driven the above vehicle at around 05:30 on December 6, 2016, and proceeded to turn to the left from the new distance room located in the right west-dong of the north-gu at the port of port to the interest.

At the same time, the signal signal was installed, so in such cases, the person engaged in driving a motor vehicle has a duty of care to check whether there is a vehicle passing through the intersection by checking the front side well, and to prevent the accident by driving the motor vehicle in accordance with the traffic signals in advance.

Nevertheless, the defendant neglected this and operated the victim D who was in a new line with a view to the right-hand turn by negligence in violation of the signal.

E The upper part of the upper part of the vehicle of the defendant was received as the front part of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the above victim, including about 12 weeks of plehion 12, by negligence in the course of performing the above duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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, the proviso to Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, the selection of fines (the fact that the victim has agreed to compensate for 20 million won, the fact that the victim has joined the mutual aid association and has agreed to do so, the fact that there has been no previous conviction exceeding fines and has been living without any particular criminal record for about 25 years, and the fact that the person

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;