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(영문) 대구지방법원 안동지원 2018.11.09 2018고정46
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On February 5, 2018, the Defendant driven the above vehicle at around 14:00, and led 258 to the front distance of the apartment complex at the time of permanent residence.

Since there is a three-distance intersection, in such a case, the driver had a duty of care to prevent accidents from smoke and safely drive an accident by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and did not go against the duty of the front line, thereby going through the Defendant’s front part of the Defendant’s vehicle following the victim C (V, 61 years old) driving signaled in the front line of the direction direction, and received the part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, E, and F;

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

1. Application of the Acts and subordinate statutes of the medical certificate and the next time inquiry;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following factors: (a) the Defendant’s vehicle for the reason of sentencing of the provisional payment order, was subscribed to liability insurance; and (b) the Defendant’s age, sex, sex, environment, economic circumstances, degree of fault of the Defendant, degree of injury of the victim; (c) circumstances after the commission of the crime; and (d) criminal records and criminal records, etc.

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