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(영문) 대전지방법원 천안지원 2017.04.27 2017고정159
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”).

On October 27, 2016, the Defendant driven the above 08:25 on the road of 08:25, and turned the front of the road of 20 km in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At the same time, there was a pedestrian who has a crosswalk, so in such a case, the driver has a duty of care to live well in the rear and safely drive the crosswalk through the rear light.

Nevertheless, the Defendant neglected to do so and neglected the part of the victim F (the remaining, the age of 62) in the Madern crosswalk as it was, and caused the victim to go beyond the victim by shocking the part after the Madern car.

In this accident, the victim suffered injuries, such as the cutting of pulmonary aggregates in need of approximately seven weeks of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving at approximately seven meters of the front roads E as set forth in paragraph 1 around the date and time set forth in paragraph 1, and without obtaining a driver’s license, the Defendant driven the said Bosch Rexroth.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A fact-finding survey report, reporting on the occurrence of a traffic accident, and on-site photographs;

1. The driver's license ledger;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (examination of Acts and subordinate statutes concerning towing drivers' licenses);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the selection of fines, respectively, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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: (a) the background of the instant accident; (b) the developments leading up to the driving of the instant accident; (c) the degree of the victim injured; and (d) the Defendant agreed with the victim that the victimized person was not subject to the punishment of the Defendant; and (c) the Defendant has

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