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(영문) 광주지방법원 2016.12.22 2016고단4617

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle B-fabol.

On September 6, 2016, the Defendant driven the said car at around 09:15, and driven the two-lanes adjacent to the “D” restaurant in the Jeonnam-gun C, Jeonnam-gun, along the two-lanes from the offside of the offside apartment to the full-time offside. The Defendant was a vice-ton.

At that time, there is a place where the center line of yellow solid lines is installed, so there was a duty of care to refrain from making a U-turn to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and got the front part of the Furbian driving by the victim E (year 74) who is driving in the opposite opposite lane due to the negligence of the U.S., the Defendant got the front part of the said car driving by the Defendant.

As a result, the Defendant suffered injury, such as duplicating cages, including two cupages, which require approximately four weeks of medical treatment to victims E by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 3 (2) and Article 268 of the Criminal Act, and Article 268 of the Criminal Act;

1. The sentencing conditions of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and the circumstances after the commission of the crime shall be determined in light of all of the sentencing conditions set forth in the pleadings of the instant case, which are considered below the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act.

Normal relationship that is disadvantageous to the defendant is not easy to the defendant's negligence.

Victims suffered serious injuries.

A favorable normal relationship: A defendant's vehicle can be covered by a comprehensive insurance and the damage recovery can be made in a substantial part.

The defendant was not subject to any criminal punishment before that time.