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(영문) 대구지방법원 포항지원 2016.07.14 2016고단292
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 13, 2015, the Defendant driven a low-speed car B, around 10:20, and driven a four-lane road in the south-gu Navy at the port of port along the two-lane road from the north-gu port to the west square.

At the time, the surface was slick and there was a vehicle parked in the signal waiting at the front side, so there was a duty of care to prevent the accident by safely driving the vehicle by safely driving the vehicle, such as reducing speed and maintaining the safety distance with the vehicle driving vehicle.

However, the Defendant neglected to do so and was negligent in driving on the front bank, and was driven by the victim C (the 22-year old) who stops in the signal waiting at the front bank, and was driven by the victim C (the 22-year old), with the front part of the passenger car driven by the Defendant.

Ultimately, the Defendant caused the victim C and the victim D (at 41 years old), who was on board the victim C and the Belgium car, to suffer approximately two weeks of medical treatment, and at the same time damaged the repair cost of KRW 5,69,848, such as the maintenance of the panion exchange, to the extent that the 5,69,848 won was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an automobile in the course of driving an automobile) concerning criminal facts, Article 151 of the Road Traffic Act (the occupation of an automobile in the course of driving an automobile);

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed on a victim C who has the largest penalty, but the punishment shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the Victims C, and the choice of fines shall be imposed);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment: The victim is a traffic accident.

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