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(영문) 대전지방법원 2018.11.15 2018고정869
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above fine for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 21, 2018, the Defendant driven a B-si around 00:19, and proceeded to turn to the left at the right distance from the two-lanes on the side of the U.S. E. fishing distance.

Since there is a four-distance intersection with a signal apparatus, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle in accordance with the new code.

Nevertheless, while neglecting this, the Defendant proceeded to the left at the right time when the signal for the vehicle at the front side is straight, and proceeded to the left, due to the negligence of entering the intersection, from the distance between sunrise and sunrise to the distance from the Agricultural and Fisheries Market.

C(72) The front side of the D-si vehicle driving is the front side of the Defendant’s driver’s vehicle.

As a result, the Defendant suffered from the above occupational negligence the injury to the victim E, who is the passenger of the above C (72 3) (the 42-year-old), such as the “lines and tensions of the shoulder,” which requires a medical treatment for about 20 days, and the injury to the victim F, who is the passenger of the Defendant, (the 21-year-old age-old), such as the “brain in which there are no two open addresses,” which requires a medical treatment for about two weeks, and the injury to the victim G (the 21-year-old passenger), which requires a medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of medical certificates and related photographic Acts and subordinate statutes;

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

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

1. Selection of punishment: Fine;

1. Suspension of execution (limited to punishment) under the main sentence of Article 62 (1) of the Criminal Act (see, e.g., primary offenders, erroneous recognition, and occupation of elderly taxi drivers);

1. Confinement in a workhouse (where a sentence of suspension of execution is invalidated and revoked and a defendant fails to pay a fine).

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