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(영문) 대전지방법원 천안지원 2020.02.20 2019고단2436

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving freight vehicles B and B.

On May 11, 2019, the Defendant driven the above vehicle at around 00:30, and led to the intersections in the vicinity of the Gyeongwon, which is located in the 3-lane of the Sinsan City, from the intersection to the intersection of the astronomical ASEAN, from the intersection of the intersection.

Since there is an intersection where a signal apparatus is installed, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving a motor vehicle and driving a motor vehicle safely by complying with the traffic signal by safe driving of the motor vehicle.

Nevertheless, the Defendant neglected this and met the part above the right side of the Dmotor bicycle driven by the victim C(60 years old) who was driven by the Defendant with the right side from the left side of the horse where the Defendant violated the signal and entered the intersection as it is, by negligence, due to the Defendant’s failure to stop doing so.

As a result, the Defendant suffered injury, such as an injury caused by an occupational negligence, to the victim, such as an injury caused to the victim’s sexual intercourse, which could not be known.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, and an accident site photograph;

1. Signal tags, CCTV images and signal cycle images at the time of an accident;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)

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 of the provisional payment order is to recognize and reflect in depth the defendant's error and reflect in depth, and to agree with the victim's family members and branch members as the defendant's guidance. The defendant's vehicle is covered by the comprehensive automobile insurance, and the defendant's age, character, environment, and victim's age.