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(영문) 대전지방법원 2017.10.20 2017고정1027
교통사고처리특례법위반(치상)
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 a B car.

On April 4, 2017, the Defendant driven the said car at around 15:45, and driven the said car at the speed of about 30 to 40km in the direction of the margin distance from the direction of the entrance of the aggregate village of the tower located in the Jung-gu Daejeon, Daejeon, to the intersection in front of the entrance of the tower at the Jung-gu, Daejeon.

Since it is an intersection, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking well the right and the right of the front.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by neglecting the part on the left side of the bicycle driven by the victim C (W, 71 years old) (W, 71 years old) who was bypassing the right side of the bicycle driving in the direction of the straight-distance from the direction of the straight-distance village.

As a result, the Defendant suffered injury to the victim, such as the mouth of a mouth that requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene of accidents and photographs of accident vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 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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