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(영문) 대전지방법원 공주지원 2016.07.01 2016고단89
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 rental car.

On February 25, 2016, the Defendant driven the above car around 19:00, and proceeded along the old path located in the southyang-gun of Chungcheongnamyang-gun, Chungcheongnamyang-gun, Chungcheongnamyang-do, in one way way toward the training center of sublime from the side of the southyang-do office.

At the time, there is a road where the center line of the yellow-ray is installed at night and at that time, so in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to care in advance to prevent a safe driving accident by maintaining the wheel line.

Nevertheless, the Defendant neglected to perform the above duty of care and went beyond the center line by negligence, and the part on the front left side of the Defendant’s vehicle, which was driven by the Defendant C(85) of the Victim C (85).

Ultimately, the Defendant suffered injury to the victim by the above negligence, such as a plerehion pressure 12 times in which the victim needs to receive approximately 12 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, a report on actual condition investigation, and a report on investigation (to visit and investigate, and to attach accident video images);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to on-site photographs, Ma1 Vehicle Trabbs, photo-fluor video-fluoring photographs, CDs (duplicating of these images);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, 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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act is serious in the degree of injury of the victim due to the instant accident, the defendant made confession as a primary offender and is in profoundly against the victim, taking into account the fact that the defendant has reached an agreement with the victim.

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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