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(영문) 대전지방법원 2013.05.16 2013고정695
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of CTXG.

On January 25, 2013, at around 08:40, the Defendant moved the three-lane road in front of the Seo-gu Seo-gu Daejeon Special Metropolitan City Employment Support Center to the visible distance from the side of Seo-gu Cultural Center.

There is a central line, and there was a duty of care to not exceed the central line because of a large number of vehicles moving.

Nevertheless, the Defendant neglected this and led the victim D (Nam, 28 years old) who drives the said van beyond the median line due to the negligence of driving the said van more than the median line from the center line to the sular distance from the sular street. The part front of the left side of the sular car driven by the victim D (Nam, 28 years old) was shocked with the front part of the sular line.

Accordingly, the Defendant suffered injury to the victim and the passenger F (n, 29 years old) of the said car, such as salt, tensions, etc. in each 2-day medical treatment, and damaged the said car to cover repair costs equivalent to KRW 1,828,768.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement (D, F);

1. Application of the Act and subordinate statutes on the actual condition of traffic accident, each written diagnosis (D, F), and written estimate;

1. Article 3 (1) and the proviso of Article 3 (2) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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