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(영문) 대전지방법원 2019.02.14 2018고단4263
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a string and freight vehicle B.

On October 22, 2018, the Defendant driven the above cargo vehicle at around 12:00, and driven the front of the square of Man-Nam, which is located on the 969-5-lane, as it was Daejeon Pream Zone, with the front of the square of Man-Nam-nam, which is located on the 969-5-5-lane as it was Daejeon Pene-gu.

The place is where the center line of yellow solid lines is installed and it is prohibited to go beyond the opposite lane, so in such a case, there was a duty of care to make a person engaged in driving motor vehicles not to walk with the center line.

Nevertheless, the Defendant neglected this and went through three-lanes on the surface of the Madern World Economic Zone, which was driven by the injured party C (Nam, 41 years old) with a three-lane surface of the Madon distance from the surface of the Madon North International Economic Zone, due to the negligence of the central line, and was driven by the injured party C (Seoul and 41 years old) as the rear part of the front boarding of the said cargo.

As a result, the Defendant suffered injury, such as the closure of the Alley Group, accompanied by an inner slope, such as requiring approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is beyond the central line of reasons for the provisional payment order.

It is an accident that occurred and the degree of injury of the victim is not less severe than that of the victim.

However, it is advantageous to the fact that the defendant has mistakenly recognized the cargo deduction, has subscribed to the cargo deduction, has agreed with the victim, and has no record of crime exceeding the fine.

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