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(영문) 대전지방법원 서산지원 2017.03.17 2017고단63
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 21, 2016, the Defendant is a person who is engaged in driving a low typ car B, and operated the above car at around 13:10 on November 21, 201, and led to the left-hand turn to the right-hand turn from the right-hand turn to the elementary school of the Seosan-gu branch of the Agricultural Cooperative, the Seosan-gu branch of which is located at the speed of 99, Seosan-si.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to prevent accidents in advance by safely proceeding after checking whether a person engaged in driving service is a person to reduce speed and to check the front side and the right and the right.

However, the Defendant neglected to do so and proceeded with it, and instead, the Defendant left the part of the victim C(80) who was walking on the left-hand side from the right-hand side of the Defendant’s running direction to the left-hand side of the Defendant’s front-hand part of the Defendant’s vehicle, thereby leaving the victim above the floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as light flaging the left-hand body in need of approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, brief map and photograph of the scene of the accident, diagnosis certificate for victims, investigation report (investigation of the victim of the traffic accident);

1. Article 3(1) and the proviso to Article 3(2) and Article 3(2)6 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. Although the injury of a victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not less than that of the Act on the Aggravated Punishment, a sentence shall be determined as ordered in consideration of the following factors: (a) agreement with the victim was made; (b) comprehensive insurance was purchased; (c) there was no record of punishment exceeding the fine; (d) the defendant’s age, sex behavior, environment, etc.; and (e) the

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