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(영문) 대구지방법원 2015.07.23 2015고단1708
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Vehicles.

On January 23, 2015, the Defendant driven the above vehicle at around 08:45, and led the 20th National Highway in the direction of Cheongdo-Eup from the front section to the front section of the national highway.

At the same time, the inside of the road was in the state where the road was broken and the center line of the yellow-ray is installed, so a person engaged in driving a motor vehicle has a duty of care to properly see the front side and the left side and the right and the right of the motor vehicle, to accurately operate the steering and the brake system, to observe his/her own lane and to prevent accidents by safely driving and safely.

Nevertheless, the Defendant neglected this and proceeded with the central line due to negligence, and received the full left-hand side of the E-S-S-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant suffered approximately 16 weeks of medical treatment from the victim due to the above occupational negligence, such as a laverization of the left-hand laverization.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual survey (1, 2);

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

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

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 ground of the sentencing of the instant accident for the instant order of provisional payment is significant. However, the scope of injury inflicted upon the victim due to the instant accident shall be determined as ordered by the order, taking full account of all the factors such as the following factors: (a) the fact that the center line was invaded with the victim, the fact that the victim was agreed smoothly with the victim; (b) the fact that the victim was covered by comprehensive insurance; (c) the primary offender was committed; (d) the motive, means and consequence of the instant crime; (e) the motive, means and consequence of the instant crime;

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