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(영문) 대전지방법원 2018.12.06 2018고정865
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cland 125 Obane.

On May 28, 2018, the Defendant, without obtaining a bicycle driver's license for a motor motor device and a bicycle driver's license for the above Orala, operated the Orala, and proceeded to turn to the left at the two-lanes from the direction of the Orala-dong to the U.S. distance from the U.S. at the port of Daejeon-gu.

In such cases, the driver has a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle after checking whether the driver has a vehicle driving the front side and the left side and the left side and whether there is a vehicle driving the intersection.

Nevertheless, the Defendant neglected this and neglected to turn to the left at a two-lane, which is left as it is, and received the right side part of the victim D (W, 46 years old) driving car, which is left at a one-lane in the same direction, in front of the left side part of the victim D (W, 46 years old) driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of statutes on site photographs and diagnostic certificates;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment - Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act - Articles 154 subparag. 2 and 43 of the Road Traffic Act - Selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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