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(영문) 대전지방법원 2018.07.17 2018고단242
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a car at C.

On January 5, 2018, the Defendant driven the above car at around 18:50, and came to turn to the left at 5 complexes of the 5th of the Song-ro, Daejeon East-gu, the Home Packer Daejeon at the lower end of the 72 Home Packer Daejeon.

At all times, there is a left-hand turn sign and a sign of entry prohibition zone, so in such cases, there was a duty of care to make a left-hand turn to a person engaged in driving of a motor vehicle according to the above sign.

Nevertheless, the Defendant neglected to make a left-hand turn as it was, due to the negligence attributable to the Defendant’s failure to do so, received the left-hand part of the E-to-hand driving by the victim D ( South, 35 years old) who is driving in the right-hand distance from the visible light station to the four-distance distance.

As a result, the Defendant suffered from the injury of the victim, such as the alley of a tent, chill, and tension, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A survey report on actual conditions;

1. Each report on internal investigation:

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, Article 268 of the Criminal Act, and the selection of fines concerning criminal facts;

1. Taking into account the following factors: (a) the fact that there is no criminal record against the defendant in the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the vehicle of the defendant is covered by a comprehensive insurance; (b) the fact that the defendant was smoothly agreed with the victim; and (c) the confession and confession are against the victim;

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