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(영문) 대구지방법원 2020.10.15 2020고단1453

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of 6 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 two-wheeled vehicle B 125cc.

At around 22:00 on January 18, 2020, the Defendant driven the above Oral Ba in front of the D points in Busan City, and proceeded at a speed that would not be known to the pressure from the direction of the city.

Since there was a road divided between the sidewalk and the roadway, the person engaged in the driver's duty of driving a two-wheeled vehicle has a duty of care to pass the roadway, not the sidewalk.

Nevertheless, the Defendant neglected this and caused the victim E (the age of 48) to go up to the floor by shocking the front section of the front section of the front section of the front section of the road, where the Defendant she walked along the sidewalk at the front section of the Defendant’s bed.

As a result, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence, such as a brush in the vicinity of the flusium in need of medical treatment.

Summary of Evidence

1. Statement of the defendant in court;

1. A certificate of actual condition survey;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include that the defendant’s error in sentencing is not to be mitigated, and the degree of injury is not to be light, etc., the defendant is against the defendant, favorable circumstances, such as the fact that the defendant has agreed with the victim, and other favorable conditions, such as the defendant’s age, environment, criminal records, means and result of the crime, and all other conditions of sentencing as ordered, shall be considered