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(영문) 대구지방법원 안동지원 2016.10.28 2016고단532
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-learning car.

At around 18:00 on May 11, 2016, the Defendant driven the above vehicle and moved to the intersection of the third distance in front of the New Cancer Village in the middle of 537, a resident in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Since it is a prohibited area from overtaking, there was a duty of care to avoid overtaking to a person engaged in driving service.

Nevertheless, the defendant was negligent in passing over the left, and the victim D (the age of 61) who was driving on the left at the right side of the motor vehicle in the same direction, which was driven by the victim D (the age of 61). The left side part of the motor vehicle driving on the front left side of the motor vehicle.

The Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, such as a wound-free fladying flady, in which there are two heat forests in need of treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition investigation report, photograph, and diagnostic certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 4 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 a selective fine for punishment (the punishment shall be determined as ordered in light of the following factors: although the nature of the crime in this case is not minor, the defendant is against himself, the defendant is the first offender, and the defendant has agreed smoothly with the victim);

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

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

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