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(영문) 광주지방법원 2017.01.12 2016고단3933
교통사고처리특례법위반(치상)
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 car Bi30.

On May 31, 2016, the Defendant driven the above car at around 08:40 on May 31, 2016, and turn to the left at a speed that would not be known depending on the road of one-lane road in the south-Eup side of the Nam-gu.

At that time, the Defendant had a duty of care to maintain an appropriate distance and operate safely by checking the front side while driving the victim D(82) without registration at the intersection where the front right is prohibited. Therefore, the Defendant had a duty of care to maintain the appropriate distance and not to teach the front.

Nevertheless, the Defendant neglected such duty of care and did not avoid the error of the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver'

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as blood transfusion under the center of an external wound, where there is no open room in the head requiring approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Relevant Article 3 (1) and the proviso to Article 2 and Article 22 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, concerning criminal facts, and Article 268 of the Criminal Act;

1. The sentencing conditions set forth in the argument of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., shall be determined in light of the major normal relation, which is deemed as follows with the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, as set forth in the order.

Normal relationship that is disadvantageous to a victim: A victim suffers serious injury.

a favorable normal relationship.

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