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(영문) 대전지방법원 서산지원 2016.01.05 2015고단674
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On February 6, 2015, the Defendant was sentenced to a suspended sentence of six months of imprisonment due to a crime of breach of trust in the public order branch of the Daejeon District Court on February 6, 2015, and the judgment became final and conclusive on February 14, 2015.

[Criminal facts] The Defendant is a person who is engaged in driving a car in Dtech.

On July 25, 2015, the Defendant driven the above car at around 21:40, and continued the access road to the ancient sports complex in the direction of the direction from the high direction to the high direction.

In this case, there was a duty of care to refrain from entering the same road to the person engaged in driving service, because there was a one-way sign that prohibits entry from the defendant's direction.

Nevertheless, the Defendant neglected to do so and received the front part of the victim E (the 23-year-old driver’s vehicle) driving in the direction opposite to the invasion due to the negligence of entering the vehicle in contravention of the prohibition of entry, as part of the front part of the Defendant’s vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as multi-sex gambling, knenee bones, openness, etc., on the part of the victim G (V, 48 years old), who was on the knenee soften, and on the part of the victim G (V, 5 years old), in need of approximately four-day medical treatment, and suffered injury on the part of the victim H (V, 22 years old), such as knee crying, which requires approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Field photographs, etc.;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 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 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. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act shall pass one-way.

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