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(영문) 대구지방법원 포항지원 2017.04.12 2017고단188
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 a person who is engaged in driving of a B-hurd motor vehicle.

On December 9, 2016, the Defendant driven the above car at around 11:40 on December 11, 2016, and led to the two-lanes in front of the nuclear power plant in South-gu, South-gu, Seoul Special Metropolitan City, North-gu, Seoul Special Metropolitan City, the two-lanes in front of the nuclear power plant in South-gu, Seoul Special Metropolitan City.

At this point, there is a center line of yellow-ray, so in such a case, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear while driving a stroke, and was faced with the front part of the victim C's low-lopped vehicle running in one lane in the opposite direction due to the negligence of strokeing the central line.

Ultimately, the Defendant suffered injury to the victim, such as scarke, which requires approximately 12 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A response letter to a request for appraisal and a digital analysis appraisal report;

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)2 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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

A disadvantageous condition: A normal situation that is favorable to the victim that caused a serious injury by a collision of the vehicle that was affected by the center line due to the driving of a stroke: 9 million won shall be paid to the victim and the damaged person shall be the Defendant’s wife.

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