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(영문) 의정부지방법원고양지원 2020.11.06 2020고단1543

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 low-speed car B.

On February 10, 2020, the Defendant driven the above car at around 18:30, and proceeded along three lanes from the direction of the KtexIC to the intersection of the 3-lane 7-17, the long-distance 3-lane 4-lane 4, which is located in the 7-17-ro, Seo-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, the Gyeonggi-do.

Since there is an intersection where a signal, etc. is installed, in such a case, the driver had a duty of care to live well on the right and the right of the driver, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and got off the front part of the car in front of the Defendant’s vehicle, which was driven by the victim C (Nam, 44 years old) who was driving on the left side from the right side of the running direction of the mast vehicle, due to the negligence of the vehicle signal driven on the front side even though the vehicle signal was red.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as “the closure of the body part of a wide sloping bridge,” which requires approximately 12 weeks of medical treatment.”

Summary of Evidence

1. The legal statement of defendant, one traffic accident report, and the report on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph a scene of accident, a photograph or a visual photograph;

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

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the details of damage, the Defendant is not good, but the Defendant stated that he/she is against the charge, the Defendant’s consent to recognize the charge, the Defendant did not have any criminal record exceeding the fine, and the Defendant did not have any criminal record after around 2007.