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(영문) 대전지방법원 2013.05.24 2013고정543

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 12, 2013, at around 15:20, the Defendant driven a motor-wheeled vehicle C 125cc in the section of about 2 km from the office of the Defendant of the Daejeon Jung-gu to the first line of approximately 410-2, Jung-gu, Daejeon.

The Defendant was driving the above road at a speed of about 20 km in the direction of the Oral Growth Network distance. In such a case, although a person engaged in driving service has a duty of care to safely drive the road by living well on the front side and the left side, due to the negligence of neglecting the duty of care, caused the victim D (W, 60 years old) who was a driver on the left side of the road on the left side of the two-wheeled vehicle, and caused the victim to suffer an injury, such as the left side side spack and the outer side spack, which require about 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E written statements (traffic accident situations);

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and proviso of Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, the fact that there is an agreement with the victim in the status of being subscribed to liability insurance, and that it is difficult for the disabled, but considering the fact that the defendant had a record of being sentenced to a fine due to driving without a license on or around 2010, and that the injury of the victim is not minor, it is appropriate to impose a fine for a summary order.