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(영문) 대전지방법원 천안지원 2017.07.20 2017고정337
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant shall drive a motor vehicle that is frequently or frequently.

On December 2, 2016, at around 18:40, the Defendant driven the above cargo vehicle and proceeded at about 1390 km-ro, Cheongyang-ri, and about 20 km-distance, Mayang-ri, Mayang-ri, Mayang-ri, Mayang-ri, Man-ri, Man-ri, Man-ri, Masan-ri.

At all times, since the traffic signal was installed and operated as a private-distance intersection, the driver of the motor vehicle has a duty of care to drive the motor vehicle in compliance with the signal.

Nevertheless, the Defendant neglected this and neglected to violate and proceed with the signal, and received the part of the victim D (in South, 55 years old) driving E in front of the right part of the car in front of the left part of the vehicle driving for the Defendant, which was proceeding under the new code from the left part of the back-hand side of the direction of the Defendant running the motor vehicle.

In this accident, the victim suffered injuries, such as brain-dead, which has no head open in need of approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

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

1. An accident scene photograph;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Crime, and Article 268 of the Criminal Act (Selection of Penalty)

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the background of the instant accident, the degree of the victim's multiple-child relationship, the fact that the damage appears to have been partially recovered from the comprehensive insurance in which the defendant was admitted, the status of the family relationship of the defendant, the record of criminal punishment of the defendant (no record of criminal punishment except for punishment).

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