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(영문) 대전지방법원 천안지원 2016.08.19 2016고정340
교통사고처리특례법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is engaged in driving off the Oralba.

On October 29, 2015, the Defendant driven an over-to-face 22:10 on October 29, 2015, and proceeded at an under-speed speed in the direction of the long distance of bank located in the north-gu Seoul metropolitan apartment D located in the direction of the long distance of bank located in the north-gu, Seoan-gu.

At all times, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has the duty of care to confirm whether there is a person who gets on the way to reduce speed and unfold the road well, and to prevent accidents in advance by safely driving the motor vehicle according to the traffic signals.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed even if the signal is changed to the stop signal, and the victim E who was crossingd off the crosswalk on the right side from the left side in accordance with the pedestrian signals, was rapidly discovered and operated to avoid this.

However, the victim's body was faced by the victim's body in front of the defendant's ozone part without being faced by the defendant, and turned the victim into the ground.

As a result, the defendant suffered from occupational negligence the injury, such as cutting the body of the pelto, cutting the right to the right, etc., which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A e-mail statement of the F;

1. A traffic accident report (1) a actual survey report;

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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) lies in the fault of the defendant and the degree of injury of the victim, the fact that the defendant recognizes and reflects the crime, the fact that the defendant agreed with the victim, and the history of criminal punishment.

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