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(영문) 전주지방법원 2017.02.14 2016고단1931
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a low-speed car.

On July 11:45, 2016, the Defendant driven the above-mentioned vehicle, and proceeded with the road in front of the Marshall Apartment apartment street from the air-based apartment bank.

Since a signal, etc. is installed, the driver of the motor vehicle has a duty of care to safely proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and shocked the front part of the victim D ( South, 33 years old) driving on the upper right side of the said vehicle from the home flusium to the front side of the said vehicle by negligence in contravention of the new subparagraph.

Ultimately, the Defendant suffered approximately seven weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Each investigation report (to attach strings images to strings of vehicles, and a signal cycle);

1. Four copies of a medical certificate;

1. Evidence and photographs of the traffic accident scene;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The circumstances unfavorable to the defendant: Gross negligence (violation of signal), serious injury - Circumstances favorable to the defendant: Penalty sources, comprehensive motor vehicle insurance coverage, serious reflectivity, and no criminal record for the same kind of crime - Comprehensive requirements for sentencing prescribed in Article 51 of the Criminal Act;

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