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(영문) 대전지방법원 2013.04.19 2013고단786
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C money tank vehicle.

On December 7, 2012, the Defendant, around 09:30 on December 7, 2012, went ahead of the shooting distance of the Hongsung-dong Hongsung-dong Hongdong, Daejeon, in the direction of the five-lane from the right side of the Chungcheongnamnam University to the right side of the Hannam University.

At the same time, there was a duty of care to make a safe round by reducing the speed in advance.

Nevertheless, due to the negligence of neglecting this, it was caused by the injury of the victim D(54) driving in the opposite direction of the traffic signal at a one-lane of the opposite direction due to the negligence of the central line, and the victim suffered about six-month medical treatment by taking the front portion of the traffic signal D(54) driving in the opposite direction.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written petition filed by D and a traffic accident actual condition investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. The instant accident for sentencing under Article 334(1) of the Criminal Procedure Act is caused by negligence, the Defendant reflects his mistake in depth, the automobile driven by the Defendant was covered by a comprehensive insurance, and the insurance was processed as the case was covered by the insurance. Separately, the victim did not wish to punish the Defendant any longer by agreement with the victim, and other factors of sentencing as shown in the instant argument, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by the order, comprehensively taking into account the following factors of sentencing.

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