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(영문) 광주지방법원 2017.03.30 2016고정2024
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

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 car in B, the test.

On October 25, 2016, the Defendant driven the above car at around 20:15, and led D's front house located in Gwangju Northern-gu C to proceed bypassing the side road from the right side to the right side of the drawing.

At all times, vehicles are parked at the edge of a road narrow and road, so in such a case, there was a duty of care to reduce the speed to those engaged in driving business, properly operate the steering and brakes accurately, thereby preventing accidents in advance.

Nevertheless, the defendant was parked at the left side of the road due to the negligence of driving without being negligent.

E gallon, the lower door door on the left-hand side of the vehicle set up in the above test was added to the victim F(58 tax) who continued to walk the place on the left-hand side of the vehicle set up in the above test.

Ultimately, the Defendant suffered injury to the Victim F (58 tax) due to the above occupational negligence, such as light and fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G, H, and F;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the confession and reflection of the defendant, and the fact that there was no criminal record other than the sentence of a fine of KRW 500,000 as a result of a violation of the Automobile Management Act around 2012, and the degree of damage is considered as favorable circumstances. In addition, the arguments of this case are shown in the defendant’s age, sex, sex, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc.

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