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(영문) 대전지방법원 논산지원 2017.07.25 2017고단279
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 DNA car.

On March 17, 2017, the Defendant driven the above car on March 17, 2017, and proceeded ahead of the new car distance, which is under the transmission at the Seosan-si, Seosan-si.

At this point, there is a center line of yellow solid lines, so in such cases, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, the Defendant neglected this and received the front side of the passenger car of the Defendant driving car from the victim E (the age of 18) driving in the opposite opposite lane due to the negligence of leading the center line to left left.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as salt ties, etc. in both sludges requiring approximately three weeks of medical treatment, the injury to the victim G (V, 18 years of age) who was on the part of the affected vehicle, such as the side radin salt pans, etc. inside the slocks that require a three-day medical treatment, and the injury to the victim H (V, 18 years of age) who was on the part of the damaged vehicle, such as the right gale gale that requires a six-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of an alternative fine for punishment;

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

1. Although the negligence of the defendant driving a vehicle by breaking the central line of the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act does not seem to be less severe, the fact that the defendant is against the mistake, that is the primary offender, and that the defendant agreed with the victims.

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