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(영문) 대전지방법원 2018.10.11 2018고단445
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 7, 2017, the Defendant was negligent in disregarding the vehicle’s moving signal while driving a business Category B rocketing car at the fourth-lane distance from the right-hand distance to the right-hand distance from the front line of the car and making a left-hand turn, while the Defendant was negligent in disregarding the vehicle’s moving signal and making a left-hand turn at the right-hand distance from the front line of the car at the time when the vehicle’s moving signal at the right-side distance from the front line of the car at the time when the vehicle’s moving turn-on and turn-on as is, in accordance with the direction of the vehicle running at the front line of the car at the time when it was turned to the right-hand distance from the front line of the car at the front line of the said car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the opening frame of the body body in need of approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports of each traffic accident, photographs of the scene of the accident, and black stuffs image photographs;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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. An accident that violates the reasoning signal for sentencing of Article 334(1) of the Criminal Procedure Act, and the victim’s injury is serious is disadvantageous.

However, the sentencing materials recorded in the records, such as the fact that the defendant's mistake is recognized, the fact that the defendant is covered by a comprehensive insurance, the payment of 12 million won and agreed with the victim, the fact that there is no criminal history, and other records, such as the defendant's age, sex, environment, and the situation that the accident occurred, shall be determined as the sentence

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