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(영문) 대전지방법원 서산지원 2017.08.10 2017고단137
교통사고처리특례법위반(치상)
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1. The sentence against the accused shall be 5,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-cruise vehicle.

On November 25, 2016, the Defendant proceeded with the national highways of 32 lanes in the vicinity of the Westerndo through the Seogsan-si, Seogsan-si, Seogsan-si on November 25, 2016 at approximately 146km each hour from Seogsan-si to the Jindo-si.

Since there is a limited speed of 80km, a driver engaged in driving service has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant had a limited speed exceeding about 66 km, and had a two-lane change from the two-lanes to the one-lane of the victim D(60 ) drive Ebbbbbbb, which was the back of the left-hand part of the said vehicle, with the upper-hand part of the said vehicle’s upper right-hand part, and continued to be faced with the upper-hand side of the said vehicle’s front right-hand part of the said vehicle.

Ultimately, the Defendant caused the victim D’s injury, such as sugars, which had no wound in the two open for about six weeks of medical treatment by occupational negligence as above, and at the same time caused the victim F (F, 62 years of age) who was on board the said cargo to suffer approximately eight weeks of medical treatment, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A fact-finding survey report, an accident scene photograph, and a photograph of a black stuffe photograph;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of selective fine for punishment (the initial crime, comprehensive insurance coverage, agreements with victims, circumstances of accidents, age of defendants, and all kinds of sentencing conditions);

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

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