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(영문) 대구지방법원 안동지원 2016.11.18 2016고정226
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

On June 14:13, 2016, the Defendant driven the above vehicle and proceeded along two-lanes between the two-lanes from the jurisdiction of the citizen center to the jurisdiction of Seocheon Intersection.

Since there is an intersection in which red flag is operated, there was a duty of care to safely drive the vehicle after checking whether another vehicle is in progress by temporarily stopping the vehicle before entering the intersection before entering the intersection.

Nevertheless, the Defendant neglected this and did not temporarily stop the Defendant’s fault, which led to the Defendant’s failure to proceed to the right side from the left side of the running direction, received the part on the right side of the DKan Corpon which was driven by the victim C (A. 30 years old).

The Defendant, by its occupational negligence, suffered injury to the pertinent C, such as fluoral salt, etc. in need of approximately two weeks of medical treatment, and injury to the victim E (V, 40 years of age) who is the passenger of the said carn vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

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