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(영문) 광주지방법원 목포지원 2015.11.26 2015고단1135
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three 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 DNA car.

At around 12:00 on August 8, 2015, the Defendant driven the above van, leading to the intersection of the blind distance from the front of the F Pharmacy E at the time of Mapo-si to the old Cheongho market from the side of the square.

Since there is a remote intersection with a signal apparatus, there was a duty to safely drive the vehicle to prevent the accident in advance by driving the vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected to do so and was negligent by the Defendant’s entry into the intersection in yellow knife, thereby leading the victim G(59 years of age)’s Habbin to the right side of the direction of the Defendant’s proceeding, followed by the Defendant’s operation on the right side of the direction.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of the pelpelel, which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to medical certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to determine the amount of fine by taking into account the following factors: (a) the Defendant agreed with the victim after the prosecution of this case; (b) the Defendant subscribed to an automobile comprehensive insurance; (c) the Defendant has no record of criminal punishment; and (d) the Defendant’

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