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(영문) 대전지방법원 2017.03.29 2017고단159
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in the operation of the vehicle B, sod, sod.

On December 10, 2016, the Defendant driven the above vehicle at around 12:45 on December 10, 2016, and proceeded along five-lanes in front of the Daejeon U.S. University Industry-Academic Cooperation Center, the five-lanes in front of the Daejeon U.S. Emno 1:6, in the future, along three-lanes in the direction from the street to the direction of the intersection where the signal, etc. is installed. In such cases, the Defendant had a duty of care to safely drive the vehicle in accordance with the traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the injury to the victim C ( South, 41 years old) who was entering the intersection by failing to enter the intersection in violation of the signal, leaving the intersection to the right-hand side of the Defendant’s right-hand side in accordance with the new code, and driving the DCA 100 Oroba, which was driven by the Defendant’s driver, due to its shock, the front part of the DCA 100 Oroba, which was driven by the Defendant’s driver’s left-hand side of the Defendant’s car, thereby causing approximately 12 weeks of medical treatment to the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As a matter of violation of the reason signal in sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant’s responsibility is not significant since the victim’s injury is serious.

When the defendant is the first offender and only agreed with the victim, and the defendant's age, occupation, sex, environment, circumstances leading to the crime, circumstances after the crime, and imprisonment without prison labor or heavier punishment is sentenced.

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