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(영문) 대전지방법원 천안지원 2017.06.15 2017고단754

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant shall drive a motor vehicle with soflurd D often or frequently.

On January 26, 2017, the Defendant driven the above car at around 17:28, and proceeded along the two-lane road in front of the F Hospital E in Asan City, Asan City, along the direction of the distance from the museum.

Since there is a place where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care not to drive the motor vehicle beyond the center line.

Nevertheless, the Defendant neglected this and did not discover the Victim G (L, 72 years old) where he was fright to left at the center of the center, and instead did not discover the victim G (L, 72 years old) where he was fright to turn to the left, and received the victim from the front part of the driver's car.

In this accident, the victim suffered a closed frame between left-hands in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, on-site map, and report on the occurrence of a traffic accident;

1. An accident scene photograph;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Crime, and Article 268 of the Criminal Act (Selection of Penalty)

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 provides for the following: (a) the degree of violation of the defendant’s duty of care due to sentencing; (b) the victim’s injury; and (c) the victim paid KRW 11 million to the victim; (d) the victim is not subject to the defendant’s punishment; and (e) the Defendant has no record of criminal punishment.