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(영문) 대전지방법원 논산지원 2017.01.24 2016고단565
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 B-La car.

On September 7, 2016, the Defendant driven the said car on September 7, 2016, while driving the said car and driving it on the two-lane road at the entrance of the D in Seosan City City, C, from the private distance of movable property to Tolsan T, and making it to the opposite line.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, the Defendant neglected this and proceeded to the right side of the Defendant’s driving of the victim E (the 55-year-old 55-year-old) driving, which was driven by the Defendant’s negligence going beyond the center line and going to the ethic distance of movable property from the eththical luth on the part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim by the above occupational negligence, such as the pressure pressure 12 times, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2) and Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is heavy and the degree of injury of the victim is serious, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, environment, accident circumstance, and circumstances after the crime.

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