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(영문) 대구지방법원 안동지원 2018.11.30 2018고정101
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 B-learning car.

On July 14, 2018, the Defendant driven the above car on July 14, 2018, and was straightened from the direction of the Gyeongchi High School on the right side of the dispatching elementary school to the direction of the Gyeongchi High School.

Since there is a place where traffic is controlled by the new code, the defendant has a duty of care to abide by the signal and not to obstruct the passage of other vehicles.

Nevertheless, the Defendant neglected to do so and caused the injury to the left side of the Defendant’s vehicle, and caused the damage to the victim C(70 ) driving in the direction of the Dong-dong from the permanent residence on that date by negligence in violation of the signal. The Defendant’s full-scale side of the victim C(70 ) driving, which was in the direction of the Dong-dong.

Ultimately, due to the above gross negligence, the Defendant suffered injury to the victim on the left-hand laver laverg which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against 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 to a report on investigation (Attachment of a written diagnosis of a victim), investigation report (Attachment of DDABABAS Data in the intersection);

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

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 provides that a person injured by reason of sentencing does not want the punishment of the defendant, and there is no criminal conviction against the defendant.

However, the defendant has caused a traffic accident in violation of the signal, and the degree of injury of the victim is very serious.

In addition, in full view of the defendant's age, sex, environment, background of the crime, degree of negligence, circumstances after the crime, etc., the amount of fine prescribed in the original summary order shall be determined as appropriate. Therefore, it is so decided as per Disposition.

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