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(영문) 대구지방법원 안동지원 2018.01.26 2017고단706
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by a fine of six million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B Costa Corpo Vehicle.

On August 28, 2017, the Defendant driven the above vehicle on the 12:45, while driving it on the road in front of the Andong-dong in Ansan-dong 679-2.

Since there is a center line of yellow-ray, a person engaged in driving service has a duty of care to make a internship at the place where the internship is permitted, and to safely drive the tea.

Nevertheless, the Defendant neglected this and got the front part of the Daltob, which was driven by the injured party C (39 tax) who was driving in the opposite lane due to the negligence of the centering around the center line, on the right side of the above vehicle.

Ultimately, the Defendant suffered injury to the victim under the above occupational negligence, which requires approximately eight weeks of medical treatment, such as 3,4, and chest pressure pressure.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is that the nature of the instant crime is not somewhat weak in light of its background, method, risk, degree of damage, etc.

This is an unfavorable circumstance to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

There is no record of criminal punishment except for the defendant who has been sentenced to a fine on one occasion in 2003.

The vehicles are covered by the comprehensive automobile insurance.

A injured person does not want to be punished by the defendant under the original agreement with the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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