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(영문) 대전지방법원 서산지원 2014.09.26 2014고단606
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 B 1600cc Orala.

At around 13:00 on April 2, 2014, the Defendant driven the above Oba, and led to the way from the south side of the west-gun, Taedong Industrial Complex located in the west-gun, Chungcheongnam-do to the south side of the road.

At this point, the center line of yellow-ray is installed, and there is a sideway that combines it with a road on the front bank, and there was a surface display of a stop line, so there was a duty of care to ensure that a person engaged in Ototoba has a duty of care to drive safely without overtaking it in the above area.

Nevertheless, the Defendant neglected this and got the victim to turn to the left at the front side due to the negligence of the victim C (the age of 71) who was driven by the victim C (the age of 71) who was driving ahead of it.

As a result, the Defendant suffered injury to the victim, such as the closure of a motion, which requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. An investigation report (examination as to whether a person has violated the central line);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant law concerning criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is unreasonable to overtake the defendant by impairing the central line.

In light of the fact that the Defendant’s negligence caused the instant accident, the Defendant’s fault was insignificant, but the Defendant reflects his fault, and up to three million won for the victim on September 25, 2014.

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