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(영문) 대구지방법원 2019.05.22 2019고정156
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 4, 2018, the Defendant was driving a Branchi on around 09:30 on December 4, 2018, and the Defendant was driving a 28-lane road in front of the green belt from the boundary of the new intersection to the right angle of the wind.

Since the place is where the center line of yellow solid lines is installed, a driver of a motor vehicle has a duty of care to live well on the front side and the left side, and not to drive a motor vehicle with the center line of yellow solid lines.

Nevertheless, the Defendant: (a) was plucked to the right side of the Defendant’s vehicle, which was driven by the victim C (Nam, 40 years of age) driving in the same direction, by plucking, plucking, and coming to the original lane to the right side of the Defendant’s vehicle, due to an influent vehicle in which the Defendant was fluentd with the center line, and coming to the right side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of police investigation reports (as to attaching accident video CDs)-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant’s negligence of attempting to overtake beyond the median line without checking the road status corresponding to the one-lane road of the reasons for sentencing under Article 334(1) of the Provisional Payment Order is not easy.

However, the defendant's defense that "the victim had been obsessive," in light of the above circumstances, is just and acceptable, and the defendant's previous defense that "the victim was obsive," was committed at a certain distance.

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