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(영문) 대전지방법원 2015.02.11 2014고단4147
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 15, 2014, the Defendant: (a) was a person who is engaged in driving Cstststuna car; (b) around 02:30 on October 15, 2014, the victim D (VJ125 Obama) driven by the said vehicle, driving the said vehicle, and proceeding at the speed of the Handy Zone (hereinafter referred to as the “YA”) using one lane from the direction of the head of sampling to the direction of the Handy Zone (hereinafter referred to as the “YA”). Since it is an intersection where a signal, etc. is installed, the Defendant took care of the injury caused by negligence in the course of performing duties, such as the injury of the victim during the course of performing the duty of care to safely drive in accordance with the new subparagraph, due to the negligence of entering the red new crossing and making the left-hand left-hand from the right side of the eVJ125 Obama, which was driven by the victim D (hereinafter referred to as 27 years old) in front of the front part of the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is ordered as ordered in consideration of all the following circumstances.

(b) favorable circumstances: The extent of damage is severe and the degree of negligence of the defendant is serious, and other unfavorable circumstances such as the recognition of the facts of crime and reflects it, the absence of the record of criminal punishment, and the membership of the mutual aid association: It shall be decided as per Disposition for reasons above the age, family relationship, etc. of the defendant.

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