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(영문) 수원지방법원 여주지원 2020.05.18 2020고단325

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of three 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 B B B B B B B BB car.

At around 14:40 on December 28, 2019, the Defendant continued to proceed at a speed of about 106 km from the south intersection to the intersection of the direction of the direction of the direction of the direction of the direction of the city at the speed of about 106km.

At this point, there is a duty of care to prevent accidents by accurately manipulating the steering system and operating the steering system, since the restricted speed is 70 km a speed and the passage of the vehicle is a intersection with frequent traffic, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle is obliged to observe the restricted speed, and whether the driver of the vehicle is a motor vehicle driving through the intersection in good manner.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded at a speed exceeding about 36 km per hour at the time, while driving at the lane opposite to the direction of the defendant's running, which was under the right-hand left-hand turn from the direction of the defendant's running, the part of the front-hand part of the victim's E-Poter cargo vehicle was received as the front-hand part of the said E-Poter vehicle.

As a result, the Defendant suffered injury to the victim, such as “the 14 weeks of medical treatment,” which requires medical treatment from the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A medical certificate;

1. Application of traffic accident-related video CD-related Acts and subordinate statutes;

1. 범죄사실에 대한 해당법조 및 형의 선탤 교통사고처리특례법 제3조 제1항, 형법 제268조(벌금형 선택)

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, which led to a traffic accident while driving a vehicle under the influence of the Defendant, and the victim suffers a serious injury, and thus, the liability for the crime is not minor.

However, the defendant agreed with the victim and there is no record of criminal punishment against the defendant.

These circumstances and the age, character, and environment of the defendant;