(영문) 대전지방법원 논산지원 2015.10.16 2015고단359

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(영문) 대전지방법원 논산지원 2015.10.16 2015고단359

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a KS5 car.

On June 7, 2015, the Defendant driven the said car on June 15:35, 2015, and led to the high-speed road of the first line from the direction of the direction.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to operate the motor vehicle safely by checking well the front line.

Nevertheless, the Defendant neglected this and went beyond the median line, and brought the front part of the D Cargo Driving by the victim C(the age of 66) who was driven by the victim C(the age of 66).

As a result, the Defendant: (a) caused the victim C to suffer injury to the Damba, including three cages that require approximately 6 weeks of medical treatment; (b) damaged the victim E (at 29 years of age) who was on board the said car, with approximately 12 weeks of medical treatment; (c) damaged the victim F (six years of age) on board the said car, with approximately 13,215,574 won of the open upper part of the said car, which requires approximately 12 weeks of medical treatment; and (d) damaged the cargo vehicle so that the repair cost equivalent to approximately 13,215,574 won of the said car can be included.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared by C;

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

1. A report on internal investigation (including submission of a written diagnosis and written estimate), and a written diagnosis attached thereto and written estimate;

1. Investigation reports (including submission of diagnosis reports) and the application of Acts and subordinate statutes accompanying diagnosis reports prepared by the police;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act shall apply to the case where the punishment for an ordinary concurrent crime is the largest.

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