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(영문) 대전지방법원 천안지원 2017.03.31 2017고단155
교통사고처리특례법위반(치상)등
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B car.

On January 11, 2017, the defendant, around 18:23, around 18:1, 2017, had a road of one-lane C in front of Asan City, at the lower end, at the lower end of the original apartment, to the lower speed at the speed of the city.

At the same time, there is an intersection without signal lights, so the person engaged in driving service has the duty of care to reduce the speed for the person engaged in driving service and to safely drive the vehicle when there is another vehicle already entering the intersection.

Nevertheless, the Defendant neglected this and received the front part of the victim D(54) driving by the victim D(54) who first entered the intersection from the left side of the moving direction to the right side, but did not temporarily stop, and by the negligence of entering the intersection, the part of the above damaged vehicle was the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim D, such as finite finites that need to be treated for about two weeks due to such occupational negligence, and suffered injury, such as salt finites and tensions, which require approximately two weeks of treatment to the victim F. (51) who was aboard the victim’s vehicle.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol with approximately 20 meters alcohol content of about 0.112% in blood from the 20-meter section to the front road of the company building in the Busan Metropolitan City, a city-si, an Asan Metropolitan City, which is located in the same Ri, from the day set forth in paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (the occupation and the occupation of the workplace) concerning criminal facts.

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