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(영문) 광주지방법원 2020.01.30 2019고단4146

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a vehicle B in the Coin.

On August 2, 2019, the Defendant driving the said car on August 15, 2019, and driving the said car on a two-lane road in the Gwangju mine area C along the two-lane road in front of the D, which is located in the Gwangju mine area, according to the one-lane map from the black tin street room to the one-lane map. In order to proceed to the opposite direction, the Defendant was driving the said car.

Since there is a road where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by driving safely, such as making a internship at the permissible point of internship, etc. to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and brought down the front part of the victim E (the age of 36) driving F125CC driving, which was going directly from the opposite side due to the negligent negligence of the central line, with the rear part of the Defendant’s driving car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as pulverization of a flaver to the right-hand flaver in need of treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the choice

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the negligence of the defendant and the result of damage, the defendant has been punished several times for the same kind of crime, and the fact that the defendant committed the instant crime during the period of repeated crime is disadvantageous.

On the other hand, in consideration of the fact that the defendant recognized his mistake and reflects it, and that the defendant agreed smoothly with the victim, the punishment shall be determined as per the order.