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(영문) 대전지방법원 논산지원 2017.12.15 2017고단604
교통사고처리특례법위반(치상)
Text

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 who is engaged in driving a third party vehicle.

On August 16, 2017, the Defendant driven the above car at around 11:55, and led the front of the road D at the time of Ysan to proceed in the direction of light asbestos from the direction of the mountain road.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, the Defendant neglected this and neglected to turn left the center line, and led the victim F(61) driving G CA110CC, which was proceeding in the direction of the field of Mad Asbestos, to the front part of the said car.

After all, the Defendant suffered injury to the victim due to the above occupational negligence by causing approximately six weeks off the left-hand felball in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on investigation (Submission of a medical certificate, etc.);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the degree of injury to the victim due to the instant accident and the Defendant’s negligence are relatively heavy, and there is no unfavorable circumstance.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant reflects the mistake, the primary offender, the fact that the Defendant agreed smoothly with the victim, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, and the age, environment, accident circumstances, and circumstances after the crime.

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