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(영문) 대전지방법원 2018.02.08 2017고정1687
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 C's driver car.

On September 26, 2017, the Defendant driven the above vehicle around 18:00 on September 26, 2017, and led to the right-way intersection of Samcheon-gu, Seo-gu, Seo-gu, Daejeon to the direction of the four-distance intersection from the direction of the airspace.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to prevent accidents by driving safely according to the new code.

Nevertheless, the defendant neglected to do so and did not stop the immediately preceding crosswalk in a green state while walking along the crosswalk, and passed the crosswalk.

On the other hand, the part on the right side side of the Eknif vehicle driven by the victim D(46 tax) who was directly driven by the direction of the Nnife Park from the direction of the Enife Park at the direction of the Enife, was driven by the Defendant on the front left side of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written opinion, the offender's place, the report of traffic accident (1) (2), and an accident scene photograph;

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

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

1. Selection of an alternative fine for punishment;

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

1. In full view of the fact that a mistake in the sentencing of Article 334(1) of the Criminal Procedure Act is recognized, and the fact that the damage is minor, it does not seem that a fine for a summary order is excessive in light of favorable circumstances or circumstances surrounding accidents.

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