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(영문) 대전지방법원 홍성지원 2016.09.12 2016고단502
교통사고처리특례법위반(치상)
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[criminal history] Defendant B received a fine of KRW 1.5 million due to a violation of road traffic law in the Daejeon District Court's Red on June 8, 2009, a fine of KRW 1.5 million due to the same offense in the same court on October 18, 2010, and a fine of KRW 5 million due to the same offense in the same court on May 9, 2013.

[Criminal facts]

1. Defendant A is a person who is engaged in driving a car of DST520.

On June 21, 2016, the Defendant driven the above car at around 09:45, and made the left turn to the left at the speed of 50 km per hour from the front of the F-lane E in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, to the intersection of the off-distance distance distance turning to the intersection.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected this and received the front part of the victim B's GV125 motor bicycle riding, which was going to the right side of the Defendant's vehicle, from the front part of the victim B's GV125 motor bicycle driving on the right side of the vehicle, by negligence going to the left side beyond the median line.

As a result, the Defendant suffered injury, such as a duplicating the victim's right four or more cupages, which requires approximately six weeks of medical treatment due to the above occupational negligence.

2. Although Defendant B had been punished for drinking two or more times as above, Defendant B driven a motor bicycle with GVL125 bicycle without a motor device license in the direction of approximately 0.053% alcohol content on the 4km section from June 21, 2016 to the front road located in the same military E around the 09:45 day from the front of the house of Defendant H in Seocheon-gun, Seocheon-gun, Seocheon-gun to the front road in the same military E.

Summary of Evidence

1. Defendants’ respective legal statements

1. The survey report on actual condition, the driver's license ledger, the circumstantial statement report on the driver's license, the report on detection of the driver's license and the medical certificate 1.

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