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(영문) 대전지방법원 2017.06.16 2017고정466
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 CM5 car.

On January 9, 2017, the Defendant driven the above car at around 09:40, and proceeded along the four-lane distance from the side of the KDB Industrial Bank to the four-lane distance from the West Seo-gu.

In this case, a person engaged in the driving of a motor vehicle has a duty of care to accurately operate the steering direction and brake system and to safely drive the motor vehicle in accordance with the signals and prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and received the front part of the victim D(W, 54 years old) driving EM5 vehicle, which was driven in accordance with the new name, from the four-distance distance from the station of the government office building, in the direction of the Defendant’s right side of the said vehicle, by negligence, in violation of the signal, even though it was a vehicle stop signal.

As a result, the Defendant suffered salt, tensions, etc. from the victim for about two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to 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) 1 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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