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(영문) 대구지방법원 김천지원 2016.01.14 2015고정628
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On July 22, 2015, the Defendant, around 10:40, proceeded with a one-way road from the side of the road to the industrial road on July 1, 2015.

At the time, there was a mark of one-way traffic road, and thus there was a duty of care to safely drive a person engaged in driving a motor vehicle by complying with the mark of prohibition of entry.

Nevertheless, the Defendant neglected this and went to a one-way road as it is, due to the negligence of entering the road and driving along the station, received the bicycle right side part of the victim E (74) driving running from the front side of the Defendant vehicle to the entrance of the two-way road from the front side of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim from an occupational negligence, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. A report on the occurrence of a traffic accident, on-site photographs, the actual condition survey report and photographs;

1. Application of Acts and subordinate statutes to medical certificates and medical opinions;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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