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(영문) 대전지방법원 홍성지원 2018.11.28 2018고단694
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car at C.

On May 31, 2018, the Defendant driven the above car at around 13:40 on May 31, 2018, and entered the road to a side of the Defendant’s residence, which is located in Boli-si D, without distinguishing the two lanes in front.

Since there is a wall installed in the above residential area where it is difficult to find a vehicle or a pedestrian approaching the road on either side or side, so in this case, the driver of the vehicle has a duty of care to safely drive the road and prevent the accident in advance by safely driving the vehicle, after confirming that there is no vehicle, etc. approaching the right and the right before entering the road.

Nevertheless, the Defendant neglected this and did not discover the victim E (FYC125 Obababa in the front part of the Defendant’s car and received the victim’s right side of the Obabababa in front of the car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about 10 weeks of acute climatic salt, etc., and at the same time damaged the above Oral cliba to the extent of repairing cost of KRW 1.4 million.00 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. The actual investigation report on traffic accidents;

1. Application of the Acts and subordinate statutes of written diagnosis (E) and written estimate (F);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense (a point of occupational injury or injury);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents with which any punishment is heavier than that imposed);

1. Selection of the selective fine (in the first place, it reflects the nature of the penalty, and it is the first offender); and

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