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(영문) 대전지방법원 논산지원 2018.03.27 2017고단766
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle in D. A. M.

On September 10, 2017, the defendant, 19:24, the 4th national highways of the 61-1 Sinsan-ro Mansan-ro of the 19:24, was to proceed in the direction of discussion in the direction of granting.

At the time, the center line of the yellow-line is installed at night and at all times, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the wheel line.

Nevertheless, the Defendant neglected to do so and led the victim E (29) (the front part of the FTballa car in front of the FTballa car running in front of the victim E (29) driving in the direction of the mountain, and suffered from the victim E (the victim E) the injury of half-month streke, etc. on the left side of the damaged vehicle requiring approximately 8 weeks medical treatment, the injury of the victim G (38 years old) who is the passenger of the damaged vehicle requiring approximately 12 weeks of medical treatment, and the injury such as pressure 3rd streke, etc. No. 6 weeks of medical treatment, and the victim H (the victim 34 years old), who is the passenger of the damaged vehicle, suffered from the injury, such as the injury of the victim I (the victim 9 years old), and the injury of the victim 1, the damaged vehicle, and the injury of the victim 1, the victim 9 years old and 4 years old, respectively, for about 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G, E, and H;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site photographs, and actual survey report;

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. Although the Defendant’s negligence, which committed the offense of the sentencing of Article 334(1) of the Criminal Procedure Act, is not against the Defendant’s mistake, the Defendant’s primary charge is against the Defendant’s mistake, and the Defendant agreed with the victims.

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