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(영문) 전주지방법원 2017.06.27 2017고단686
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 29, 2016, the Defendant operated Csch Rexton car as a duty around 08:05, and proceeded two lanes of E, which are adjacent to C, Seojin-gu, Taejin-gu, Jeonju-gu, Jeonjin-gu, Jeondong-si, with the e-lanes from Songcheon-dong, to the e-sides.

Since there are two lanes in which the central line is installed and the snow accumulated on the road is melted, and in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as reducing speed and replacing it as a snovel, or complying with one's own lane, and not breaking the central line.

Nevertheless, the Defendant neglected this and driven the center line by putting it down while driving without sufficient speed, and negligently driven the center line one lane in the opposite direction, and took the right side part of the Gwork of the victim Flaps, which was straightened in one lane in the opposite direction, into the right side part of the said U.S. car, and immediately received the full part of the victim HH driving Haststal taxi, which was straighten in the opposite direction two lanes, as the front part of the said U.S. car.

In this regard, the Defendant suffered from the injury of the victim F, such as finite finites, which requires approximately two weeks of treatment by occupational negligence, and the injury of the victim H, such as spine fins, which requires approximately 32 weeks of treatment by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on investigation (2) (Attachment of a written diagnosis of a victim);

1. Two copies of a medical certificate;

1. Application of Acts and subordinate statutes to a written statement of intent (whether serious injury is inflicted);

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment: the defendant.

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