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(영문) 대구지방법원 김천지원 2013.11.06 2013고정451
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 21, 2013, the Defendant operated a BM3 car by service, and got left from the right edge of the parking lot of the head of the U.S. SM3 car located in Kimcheon-si, Kimcheon-si, the Defendant received the front portion of the right edge of the BM3 car from the right edge of the C(62 years old) driving of the victim C(62 years old) who was under direct control in accordance with normal signals on the right edge of the said SM3 car by occupational negligence, disregarding the direction of prohibition on left-hand turn at the right edge of the front and left-hand turn.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C and the victim E (the 38-year-old age), respectively, on the scopical base, tensions, etc. requiring approximately two weeks of medical treatment, and also sustained injury on the victim F (the 59-year-old age), such as scopical base, tensions, etc. requiring approximately ten days of medical treatment, and suffered injury on the victim G (the 39-year-old age-old) who was on the said taxi, including the scopic base, tensions, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s responsibility is minor in light of the circumstances leading up to the sentencing of Article 334(1) of the Criminal Procedure Act in regard to the provisional payment order.

Although there is no other force, the damage is minor, the victim C does not want to be punished by the defendant, the comprehensive motor vehicle insurance is subscribed to, the fact that there is no other force except the punishment of fine of one million won due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around December 2002, the age of the defendant, and other circumstances.

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