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(영문) 대구지방법원 서부지원 2017.12.19 2017고정291

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 new car with B New Engines.

On December 19, 2016, the Defendant driven the above car at around 06:40 on December 19, 2016, and continued to drive the four-lane road in front of the “D” restaurant in Daegu Seo-gu C, along the direction from the Western Tri-distance to the present third-distance.

Since there is a place where the center line of yellow solid lines has been installed, a person engaged in driving service shall not safely operate the lane and turn to the left beyond the yellow domin line in order to drive the lane on the road located on the opposite side, and there was a duty of care to prevent accidents by operating the brake in a safe way by operating the brake well, such as operating the brake system properly.

Nevertheless, the Defendant neglected this and proceeded to turn to the left in order to proceed to the road on the opposite opposite side by breaking the center line of the yellow-ray and blocking the opposite side line, and shocked the front part of the victim E(61) driving, who was straight along the opposite line in the direction of the right course, with the front part of the victim E(61) driving, HJ125T-16D met with the front part of the passenger car of the Defendant.

As a result, Defendant 1 suffered injury, such as the so-called "fashion to the left-hand skes" in the above occupational negligence, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, on-site map, and on-site photograph;

1. On-the-spot report (to attach straw straws, motion picture CDs, etc.);

1. Application of Acts and subordinate statutes to each investigation report (attached with E diagnosis certificates and drilling of the actual survey report);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;