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(영문) 춘천지방법원 강릉지원 2020.04.02 2020고단1

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 NAS car.

On July 3, 2019, at the 38th of the new flag, the Defendant driven the two lanes of the two lanes in front of the new flag tunnel, leading from the right side to the Do-Eup.

There is a limited speed of 80km/h, and a honded 2nd-way road. Thus, a person engaged in driving service has a duty of care to observe the restricted speed and to accurately operate the steering direction and operation apparatus while checking the safety of the course by checking the hond-way. However, the Defendant neglected to do so while driving at a speed exceeding 104 km/h above 184 km than the restricted speed while driving at a speed exceeding 104 km/h, but driving at a speed exceeding 184 m/h, without properly examining the hond-way, and she was found to have been driving ahead of the NAS car.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim C, such as duplicating three cuplics in need of approximately 4 weeks of medical treatment, and the injury of the victim E (the age of 71) who took advantage of the fuplics in the fuplics car, etc., which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Each written diagnosis;

1. The actual condition survey report;

1. Medicine map and related photographs at the accident site;

1. Response to the request for appraisal;

1. Investigation report (Analysis of operating speed of the accident vehicle);

1. Analysis of black stay images, CDs, CCTV images analysis, and application of CCTV video CD-related Acts and subordinate 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;