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(영문) 춘천지방법원 2019.08.27 2019고단520

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of 1.5 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 car in a SP area B.

On October 27, 2018, the Defendant driven the above car at around 13:30 on October 27, 2018, and driven the two-lane road at the 40km of the Seoul Yangcheon-gun, Hongcheon-gun, Seoul Yangyang Expressway, the two-lane road at the 40km away from the two sides to the Seoul bank.

In this case, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and steering gear while keeping the distance between the vehicle and the vehicle in front.

Nevertheless, the Defendant neglected this and operated an irregular bus in close vicinity to the previous irregular bus, and caused the Defendant's negligence that caused a sudden operation to reduce speed and caused the Defendant's car to the right-hand side, while driving the two-lane, and the victim C (the age of 25) who was driving the two-lanes, followed the left-hand side of the DNA bargaining car driven by the Defendant, and received the pent part in front of the right-hand side of the Defendant.

As a result, the Defendant caused the injury to the victim C, such as the brush and tension of the part in which the two-day medical treatment is required for the above occupational negligence, and the injury to the victim E (the age of 26) who was accompanied by the flaging passenger car, such as the crush and tension of the flag for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The part concerning dismissal of prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. The summary of the facts charged by the Defendant has caused a traffic accident under the same circumstances as indicated in the judgment, and the repair cost, including the exchange of damaged vehicles, shall be 1,63.