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(영문) 대전지방법원 논산지원 2017.06.23 2017고정68
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On February 27, 2017, the Defendant driven the above car at around 15:10 on February 27, 2017, and proceeded to turn to the left at the right angle of the city training center in the direction of calculation.

Since there is a signal, a person engaged in driving service has a duty of care to safely drive the vehicle in accordance with the vehicle's proceeding signals by reducing speed and checking well the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and proceeded without disregarding the moving-way red signal, and led the Defendant to the front left-hand side of the vehicle driven by the Defendant on the front left-hand side of the vehicle driving by the victim C(37 years old, South) driving, who is straight in the right-hand public road direction from the left-hand side of the direction of the Defendant’s running.

Ultimately, the Defendant suffered injury to the above victims C, such as salt, tensions, etc. of the bones of neck, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and injury to the victims E (V, 52 years of age) who were aboard the Defendant’s vehicle, including the 2nd half of the left-hand side in need of medical treatment for about five weeks of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

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. Although the degree of negligence of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is serious, the defendant reflects the defendant's wrong, the victims do not want to punish the defendant, and the vehicles are covered by the comprehensive automobile insurance.

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