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(영문) 대구지방법원 서부지원 2017.01.13 2016고정1045

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives Oralba.

On September 26, 2016, the Defendant driven the above Obaon on the road around 10:38, and led to the intersection of the Gansan Elementary School in the middle of Daegu, Seogu, to two-lanes from the border of the Cansung to 35 kilometers in speed from the middle of the two-lanes.

Since the location is an intersection where signal lights are installed, the driver of the motor vehicle had a duty of care to live well on the right and the right and the right of the driver of the motor vehicle, and to prevent the accident by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received the part before the left-hand side of the non-stop-to-land passenger car driving by the victim D (W, 34 years old) who is in a top-down line from the right-hand side of the right-hand side of the place where the Defendant was in contravention of the signal.

Ultimately, the Defendant suffered, by its occupational negligence, the above victim suffered approximately 2 weeks of salt ties, etc. in need of approximately 7 weeks of treatment from the Ethtoo passenger F (M, 73 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Each written diagnosis (F, D);

1. Each internal investigation report (with respect to the statement of a shote, with respect to violations of suspect signal) legislation shall apply.

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 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 a fine for selective punishment (the amount of fine for summary order shall be mitigated, in consideration of the fact that no record of criminal punishment exists, the victims do not want the punishment against the defendant, the age of the defendant, economic situation, etc.);

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order