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(영문) 전주지방법원 2019.07.16 2018고정702

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a Party B's car.

At around 16:20 on October 7, 2018, the Defendant driven the foregoing motor vehicle, and proceeded with the roads near the “D Elementary School” located in the territory of the Republic of Korea, “E” on the side of “E”.

In such cases, the driver of a motor vehicle has a duty of care to live well with the front, left and left well and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, received the back portion of the Victim F (ma, 59 years old) G rocketing car in waiting for the above signal at the front of the Defendant.

As a result, the Defendant suffered from the said victim’s occupational negligence such as the said victim’s “infection and tension” requiring approximately two weeks of medical treatment, and at the same time suffered from the victim’s H (the age 55) who was accompanied by the said victim’s “infection and tension,” which requires approximately two weeks of medical treatment, and the said victim’s I (the age 52) suffered the said victim’s “infection and tension,” which requires approximately two weeks of medical treatment. The Defendant suffered from the victim’s J (the south, the age 60) the victim’s J (the age 60) with the “infection and tension,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The actual survey report on traffic accidents;

1. On-site photographs of traffic accidents;

1. Each statement;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

A. The summary of the claim and the defense counsel conflict with the rear part of the front vehicle at about 2 and 3 km of speed on the wind that the Defendant’s vehicle stops completely in the signal signal, but falls from the Defendant’s wind soft.