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(영문) 대구지방법원 안동지원 2016.07.22 2016고정93
교통사고처리특례법위반
Text

1. The sentence against the accused shall be three million 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 of a small-sized car B.

On February 14, 2016, the Defendant driven the above vehicle at around 15:20, and proceeded with D's private street prior to D's station at permanent residence C, as a wind slope from the permanent school.

Since there is an intersection where a signal is installed, there was a duty of care for a person engaged in driving of a motor vehicle to drive the motor vehicle safely in accordance with the vehicle proceeding signals.

Nevertheless, the Defendant neglected this and neglected to proceed with the vehicle driving signal even though it was a stop signal, and received the front part of the Franchi vehicle driving by the victim E (39 ) as the left part of the Franchi vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the above E, around 2 weeks in the left-hand section, such as salt pane, etc., which requires a medical treatment of approximately 3 weeks on the left-hand side, the injury to the victim G (the 39 years old), who is the passenger of the above cargo vehicle, such as catum salt, tension, etc., which requires a medical treatment of approximately 2 weeks, and the injury to the victim H (the 10 years old), who is the passenger of the above cargo vehicle, to the victim I (the 5 years old), who is the passenger of the above cargo vehicle, for approximately 2 weeks of light fats requiring medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a written statement related to the traffic accident, a field map of the traffic accident, a survey report on actual condition, an accident scene photograph, a written estimate for general repair expenses, and a written general diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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 an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act, which are indicated in the records of the instant case, are considered and the sentence is determined as ordered.

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