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(영문) 대전지방법원 2018.08.17 2018고정567
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 Obane.

On February 20, 2018, the Defendant driven an over-to-face 17:40 on February 20, 2018, and continued to proceed directly from the side of the Ga-ro Park, the health zone 4 to the Ga-ro crossings in front of the D oil station located in Daejeon-gu Daejeon.

Since signals, etc. are installed at the intersection, in such cases, the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and even if the signal at the front side of the cross-road is a red stop signal, was due to the negligence of disregarding and proceeding straightly, and proceeded from the opposite direction to the forestry association from the 4rd side of the health zone to the left in accordance with the new code (e.g., the victim E (e., the age of 37) of the F car driven by the Defendant, who was driven by the front wheels of the front side of the F car driven by the Defendant.

Ultimately, the Defendant suffered injury to the above victim, such as 'brain sugar without an open address in head,' which requires approximately two weeks medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to survey reports, photographs, and medical certificates on actual condition;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Consideration of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment appears to be minor due to the instant accident, etc.

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