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(영문) 청주지방법원 2018.05.30 2018고단246
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On January 9, 2018, around 17:45, the Defendant was driving a Dp rick drive on the road to the lower side of the Cheongju Highway, which is located on the 17-3-hump road from the Cheongju-si, Seo-gu, Cheongju-si, the Cheongju-si, and led to the death and health management office toward the south side of the Cheongju-do.

The above road has a duty of care to proceed in a safe way by properly manipulating the steering and operating the steering system by using the headlight in the case of the defendant, who was engaged in driving as a lower tunnel road in the vicinity of a village in which lighting is formed, and the right and the right of the front is well examined.

Nevertheless, the Defendant neglected this and did not turn on the headlights of the above van while proceeding with the front left and right without properly examining it, and received the back part of the victim E (71) who was coming from the right direction of the defendant's course, from the right direction of the defendant's course, the lower part of the victim E (71 ) was in front of the steering direction of the above van.

Defendant 1 caused injury to the victim of an occupational negligence, i.e., 12 weeks of the risk of life, resulting in injury to the victim, such as blood transfusion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) 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 extent of injury inflicted upon the victim is more severe: The defendant's age, sex, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc. are considered to have been faithfully living without any special reason; and the punishment shall be determined as ordered by the order, comprehensively taking into account the above circumstances.

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