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(영문) 대전지방법원 2018.10.25 2018고단2419
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person driving a rocketing car.

On April 11, 2018, the Defendant driven the above car at around 09:55 and proceeded two lanes in front of the Japanese market located in the Nam-gu Incheon Metropolitan City as the 42th day of the Nam-gu, Nam-gu.

At all times, since the street crossings where signal lights are installed, the driver of the motor vehicle has a duty of care to reduce the speed and safely drive the motor vehicle in accordance with the signals and prevent the accident from spreading.

Nevertheless, the defendant neglected to perform the above duty of care and neglected to follow the signal, thereby causing the victim D(49 years old)'s CA1105 Oraba, which proceeds from the defendant's moving into the left-hand side of the right-hand side of the defendant's moving into the front-hand part of the defendant's car.

As a result, the defendant suffered from occupational negligence the victim's bodily injury, such as light-bridges, and other ducts which require approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. The application of Acts and subordinate statutes, such as data to cut off traffic accident black images and diagnostic documents;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of negligence and damage thereof, and the number of fines including the same kind of crime, but the records of the crime are prior to a considerable period of time, the defendant is against the victim, and the fact that the defendant agreed with the victim is against the victim, and the punishment is determined by taking account of the sentencing factors under Article 51 of the Criminal Act.

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