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(영문) 대전지방법원 서산지원 2021.02.17 2020고단1101

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of one 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 motor vehicle B.

On May 30, 2020, the Defendant driven the above car on May 12:05, 2020, and driven it to the entrance of the sandy beach from the side of the chilling beach at the “D” restaurant located in the west-gun C.

At this point, the road is one-lane, and E ( South, 48 years old) is followed by the F Kanop car, and thus, there is a duty of care to not cross the road by driving a motor vehicle when it is likely to obstruct the normal passage of other motor vehicles.

Nevertheless, the Defendant neglected this and went out of the road to the right side of the moving direction, and followed by the negligence of crossing the road to the center line, and caused the front part of the said car to the right side of the said car, which was the fladem of the said car.

Ultimately, the Defendant damaged the car knife that is owned by the Victim G Co., Ltd. by the above occupational negligence to cover KRW 15,60,900 in total of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Blue images, images of the cambling accident, and closure photographs;

1. Application of the written estimate statutes;

1. Relevant Article 151 of the Road Traffic Act and the selection of fines concerning facts constituting an offense, as well as Article 151 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is a person who is engaged in driving a passenger car as the No. B.C.

On May 30, 2020, the Defendant driven the above car on May 12:05, 2020, and driven it to the entrance of the sandy beach from the side of the chilling beach at the “D” restaurant located in the west-gun C.

At this point, it is one-lane road, and the victim E ( South, 48 years old) is driving a motor vehicle following the driver's license of the motor vehicle.