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(영문) 대전지방법원 2013.10.30 2013고정1506
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 14, 2013, the Defendant was a person who is engaged in driving B Daelim CA110 Oba, and was driving the above Oba on July 14, 2013, and was driving in the direction of the world log in front of the World Ebatro-dong in Daejeon Jung-gu.

There have been a central line, and there has been a duty of care to refrain from moving beyond the central line in the opposite direction.

Nevertheless, the Defendant neglected this and changed the course of the victim C Driving D, which was normally proceeding in the opposite part due to the negligence going beyond the median line, to avoid the accident.

As a result, the Defendant suffered, by negligence on the part of the above business, the injury to the victim, such as light tensions, tensions, etc. requiring treatment for about two weeks, the injury to light finites requiring treatment for about three weeks to the victim E, and the injury to light finites and tensions requiring treatment for about ten days to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of an alternative fine for punishment;

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

1. Although it is not good that the defendant committed the crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is judged as ordered for the following reasons: although it is not good that the defendant committed the crime of this case on the part of the central line, the defendant's mistake is against himself; there is no record of criminal punishment yet; the defendant has agreed smoothly with the victim C; the circumstances leading to the crime of this case; the defendant's age, character and behavior, and other conditions of sentencing specified in the records

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