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(영문) 대전지방법원 천안지원 2016.04.15 2015고단1944

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle at low price.

On September 8, 2015, the Defendant driven the above car at around 06:40 on September 8, 2015, and tried to drive the road at a speed of about 50 km per hour from the surface of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to drive the road at a speed of about 50 km from the surface of the Dong-gu, Jincheon-gun, Chungcheongnam-do.

At the same time, there is a center line of yellow solid lines, so a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle in compliance with the above center line.

Nevertheless, at the time when the Defendant was negligent in driving a stroke while driving the stroke by neglecting it, the part of the front part of the H Rab in the direction opposite to the Defendant’s vehicle, which was driven by the Defendant’s vehicle at the time of the said vehicle’s failure, was received as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim by the above occupational negligence, such as the victim’s exposure to the right string, the right string, the right string, the right string, etc., which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site photographs and accident images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(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 the selection of fines;

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

1. The instant accident on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the Provisional Payment Order is reasonable as the Defendant’s negligence was committed by the central line, and the degree of the victim’s injury is disadvantageous.

However, in consideration of the fact that the defendant's mistake and reflects the depth, the primary offender, and the fact that the victim agreed smoothly with the victim and paid 20 million won with the agreed amount, etc., the punishment shall be determined as the same as the order.