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(영문) 대전지방법원 천안지원 2013.06.13 2013고단451
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of a motor vehicle with a low bid.

On April 8, 2013, the Defendant driven the above car at around 10:30 on April 10, 2013, and led to the left turn to the left right from the area of the Southern-dong market located in Yong-dong, Yong-gu, Chungcheongnam-gu to the area of the Southern-do distance.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to see well the right and the right of the front and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the victim E (the age of 73) (the age of 73) who dried a marina as a front part of a passenger car, which was going beyond the floor.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence, resulting in the Defendant’s abundance of the upper right pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. It cannot be said that the Defendant’s liability for the crime is minor in light of the fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order causes a traffic accident at a crosswalk and the victim’s degree of injury is not that provided.

However, the same sentence as the order shall be determined in consideration of all the circumstances such as the fact that the defendant has recognized a mistake, that the defendant has agreed with the victim, that the defendant is the primary offender, that is covered by the automobile comprehensive insurance, and that the defendant's age, character and conduct, environment, etc.

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