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(영문) 대전지방법원 2018.09.14 2018고정677

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

The defendant is a person working for the operation of a rocketing car.

On March 14, 2018, the Defendant driven the above vehicle at the speed of 22:30 on March 14, 2018, and led to the left-hand turn by driving the two lanes of the six-lanes at the speed of the speed of the city at the speed of the hour, toward the direction of the direction of the Negi-gu of Daejeon, Daejeon.

At that point, there was an intersection where signal lights are installed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and to safely drive the motor vehicle in accordance with its signals to prevent the accident from occurring.

Nevertheless, the defendant neglected this and neglected to turn to the left, and received the front part of the victim D (the other 57 years old) driving under normal progress signals from the right side of the defendant's vehicle due to the negligence of left-hand turn from the defendant's vehicle, in front of the right side of the defendant's vehicle.

As a result, the Defendant suffered from occupational negligence the injury of the victim F (V, 18 years old), who is the passenger of the victimized vehicle, such as catum cat, which requires approximately three weeks of medical treatment, and the injury of light catum, which requires about two weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of Acts and subordinate statutes to survey reports, photographs, and medical certificates on actual condition;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the fact that the injured party F for sentencing of Article 334(1) of the Criminal Procedure Act does not want the punishment of the accused