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(영문) 대전지방법원 2017.09.06 2017고단2196
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CTB car.

On May 5, 2017, the Defendant driven the above car at around 08:40, and proceeded with a road near the home plug culture store located in Daejeon Jung-gu, Daejeon to a mountain-ro 1690.

At the same time, there was a crosswalk without signal lights at the front door, so there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving of a motor vehicle well sees the front door and the right and the right and the right and the right and the right at a speed, and safely proceeding.

Nevertheless, the Defendant neglected this and proceeded to the right side of the passenger car driving direction of the Defendant with the right side of the victim D (the age of 86) and knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of a ductal body in need of approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 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. Circumstances unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that the defendant's negligence and the degree of injury to the victim are more favorable: The confession and rebuttal are made, the fact that the automobile comprehensive insurance is subscribed, the agreement is reached with the victim, and the first crime is committed; and

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