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(영문) 대전지방법원 서산지원 2018.10.12 2018고정164
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car of rocketing siren.

On March 5, 2018, the Defendant had a duty of care to confirm and proceed with the temporary suspension prior to entry or by making a temporary suspension prior to entry that the traffic situation in the intersection should not be well reported, if the Defendant entered the intersection of the front line C from around 32 km on the side of the national highway at around 13:10 on March 5, 2018.

Nevertheless, the Defendant neglected this and proceeded with the victim D(23) driving on the same intersection due to the negligence of the Defendant, also received the back-hand side of the CA car from the right side of the said C car, to the left-hand side of the said rocketing car.

Thus, the above victim and the above coin also suffered injury to the victim F(42 tax) and the victim G(23 tax) for about two weeks of treatment respectively.

B. The Defendant in violation of the Road Traffic Act also damaged CA car to be repaired in amounting to KRW 3,526,906, such as the victim’s above “A” as the act mentioned in the above “A” clause.

Summary of Evidence

1. Statement made by the police against D;

1. A statement of F and G;

1. The application of Acts and subordinate statutes to each written diagnosis, estimate, and a report on actual traffic accidents;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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