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(영문) 대구지방법원 포항지원 2017.07.19 2017고단561

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-L car.

On April 7, 2017, the Defendant driven the above car on April 17, 2017, while driving it at the north-gu, Northern-gu, and driving ahead of the port high school, which is located in 70 by North-gu, North-gu, North-gu, North-do, in a four-lane distance from the north-gu, North-do.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected this and received the front part of the victim C's C's car driving D's D's car driving, which was going to the school mountain box from the right side of the next church to the school mountain box at the time when the Defendant was negligent by entering the red f's intersection in violation of the signal, as the front part of the Defendant's driver's license.

Ultimately, the Defendant suffered from an injury to the victim by negligence in the course of performing the above duties, such as dynasium and tensions that require approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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, Article 3(1) and (2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The circumstances that are disadvantageous: The victim expressed his/her intention not to punish, the damage is relatively minor, and the comprehensive motor vehicle insurance is being subscribed to, without taking any measure such as giving contact information to the victim, even though he/she has caused a traffic accident by signal violation.