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(영문) 대전지방법원 홍성지원 2014.01.15 2013고정358
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On September 14, 2013, the defendant, who is engaged in driving of a vehicle volume, was driving a three-distance in front of the Seongbuk-do Center in the Chungcheongnam-do budget-gun, Chungcheongnam-do on September 14, 2013, to turn to the right from Chungcheongnam-do.

At this point, the one-lane crossing without signal is front of the one-lane crossing, and in such cases, a person engaged in driving service has a duty of care to safely turn to the left after the passage of the stop line.

Nevertheless, the Defendant made a left turn to the left at a point of about 12 meters prior to the stop line, and at the same time, the driving of the injured party C (the South and the age of 37) who was going to the high-dial direction from the suksan side, and the front of the car and the front of the Defendant’s vehicle were collisioned.

The defendant's negligence caused the injury that requires medical treatment for 6 weeks due to the diversity so that the victim C was injured, and the defendant's father E (ma, 52 years old) who was accompanied by the defendant's chief divers of the vehicle, suffered the injury that requires medical treatment for 12 weeks due to the eves of release in the 3th century.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report on traffic accidents;

1. Each comparison with the enemy;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier penalty);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant caused a traffic accident by negligence in the course of performing his/her duties, resulting in the injury of 18 weeks in total to the two victims, etc. However, one of the victims is the father of the defendant, and the defendant agreed with all of the victims.

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