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(영문) 대구지방법원 2018.10.04 2018고정797
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person driving B's or passenger car volume.

On May 8, 2018, the Defendant driven the above vehicle at around 21:00, and led to two lanes along the four-lanes of the road in front of the 500-do Magnam-ro, Daegu-dong-gu, Seoul-gu, Seoul-do, to the four-lane away from the four-lane away from the four-lane away away from the same Daegu-gu four-lane.

At the same time, there was a three-distance intersection between signal lights at the front direction, so there was a duty of care to safely drive a person engaged in driving service according to the purport that the signal apparatus is instructed by the person engaged in driving service.

Nevertheless, the defendant's negligence, even though it was a stop signal, conflicts with the front part of the vehicle of the defendant's vehicle by the front part of the victim's DMW110 U.S. driving DMW110 Oba, which was going to turn to the left in accordance with the new code, in the left-hand side of the right-hand side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as an influence, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

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, and the selection of fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The court shall determine the punishment as ordered in consideration of various circumstances shown in the pleadings of the instant case, such as the fact that the injury of the victim is not easy, and the fact that it is the first offender, the fact that the victim has agreed with the victim, and the defendant's age, sexual behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime;

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