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(영문) 대구지방법원 김천지원 2017.11.09 2017고단985
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On May 17, 2017, the Defendant operated a clock car around 07:45 on May 17, 2017, which led to the two-lanes in front of the three-lane in the Dong-dong Park in the Gu, Si, Si, Si, Si, Si, Gu, and Gu, along the two-lanes in front of the three-lanes.

At this point, the speed limit is 60 km per hour, and at this point, the victim C(n, 30 years old) is driving a car at the free distance, so in such a case, the driver of the vehicle has a duty of care to observe the speed limit and to operate it safely by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and neglected the speed exceeding 45 km per hour, and did not avoid the franchiseer car and received the right door part of the franchiser car as the front part of the character vehicle.

The Defendant had the victim E (19 years old) who was accompanied by the victim C and the character car due to the above occupational negligence, suffered from the injury, such as catherum, catum, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs, a survey report on actual condition, and photographs by capturing a black stuffe image;

1. Application of each written diagnosis (C and E) statute;

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. The reason and speed of sentencing under Article 334(1) of the Criminal Procedure Act, which caused a traffic accident, Defendant has many records of having been punished for violating traffic laws and regulations, and in particular, on November 27, 2013, Defendant was sentenced to imprisonment for one year and three months, and the execution of the sentence was terminated on October 8, 2014.

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