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(영문) 서울서부지방법원 2020.11.19 2020고단2788

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of five 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 E200 B-Wts car.

On August 5, 2020, the Defendant was stopping at one-lane in order to make a non-protected left-hand turn in the direction of Dhigh schools on the three-lane road in Yongsan-gu Seoul, Yongsan-do, Seoul.

At that time, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle and to safely drive the front door in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to make a left-hand turn in the direction of D High School in violation of D High School, and brought a shock on the left-hand part of fSU125 V driving by the victim E (ma, 61 years old) who was in the right-hand part of the vehicle of the Defendant in front of the left-hand part of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as an influence of reproduction and opening of a copy within the left-hand neck, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the occurrence of traffic accidents and the actual condition investigation report of the E traffic accident;

1. A medical certificate;

1. Application of the data CD-related Acts and subordinate statutes, such as a driver’s vehicle booming video fluor, the closure of the CheongCCTV (10-34) video fluor, accident video, etc.;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

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 with regard to a provisional payment order is that the Defendant, while making a left-hand turn, inflicted an injury upon the victim in need of medical treatment for about six weeks.

On the other hand, the defendant does not want to punish the defendant by mutual consent with the victim, and the victim also.