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(영문) 대전지방법원 2019.02.08 2018고정1126

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

On July 4, 2018, around 17:18, the Defendant was driving and departing from the said car that was parked horizontally in the second floor parking lot of the Daejeon Seo-gu Seoul Metropolitan Complex.

In such cases, the driver has a duty of care to accurately operate the steering system and brakes of vehicles and prevent accidents.

Nevertheless, the Defendant neglected this and started with the rapid driving of the Defendant’s car and concealed the DNA car in front of the Defendant’s car, and led the FMW 320 d car where the victim E (the age of 31) was parked in front of the car and the victim E (the age of 31) was parked.

Ultimately, the Defendant suffered injury to salt and tensions that require approximately two weeks of treatment by occupational negligence as above, and at the same time damaged the Defendant’s repair cost, such as painting work, which is equivalent to KRW 6,288,560.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, each accident site photograph, estimate, or medical certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order appears to have recognized and reflected his/her mistake, the fact that the defendant did not make any effort to recover damage even though he/she is receiving a claim for the payment of indemnity from an insurance company, and the criminal records