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(영문) 대구지방법원 2017.05.31 2017고정866
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a driver of a passenger car by borrowing B.

On February 7, 2017, the Defendant driven the said vehicle as around 18:15, while driving the said vehicle at around 18:15, and driving the front road D, located in Daegu North-gu, in the direction of the large city head on the side of the Gyeong-gu University, and led to overtaking the parked vehicle.

At all times, there was a duty of care to safely overtake the person engaged in driving service with the center line of yellow domin line, due care to traffic in the opposite direction.

Nevertheless, the Defendant neglected this and proceeded with the opposite opposite lane beyond the center line of yellow domin line, and the victim E (22) who normally proceeds from the opposite direction was driving before avoiding the collision.

Ultimately, the Defendant, by negligence in the course of performing the above duties, inflicted injury on the victim, such as salt, tensions, etc. on the bones of the bones of drinking arms, which need to be treated for about two weeks, and at the same time damaged the victim’s Obbane exchange, etc. to take part in repair cost of KRW 2,850,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis and written estimate;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

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, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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