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(영문) 수원지방법원 2019.07.18 2019고단2100

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing wing Franchising vehicle B and III.

On July 11, 2018, at around 16:45, the Defendant got three-lanes of the three-lanes of the 13.6km area of Pyeongtaek-si Highway (Seoul High-gu Open-gu Open-gu Open-gu Open-gu Open-si) in Pyeongtaek-dong, Pyeongtaek-dong, Pyeongtaek-si, which is located in Pyeongtaek-dong, from 16:45.

Since it is an expressway, there was a duty of care to drive a motor vehicle to a person engaged in driving a motor vehicle and not drive it on the expressway.

Nevertheless, the defendant neglected to do so and proceeded on the right side of the third-lane, which led to the failure of the defendant to go on the same direction, and received the front part of the victim C(54 years old) driver's driving in the same direction, as the front part of the victim C(54 years old) driver's driving in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt and tensions that require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time damaged the front panion of the above leleer, etc. to the repair cost of KRW 130,954,113.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Two copies of a written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes of Chapter 19 to the traffic accident report, on-site photographs;

1. Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents which are heavier than punishment);

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing order for provisional payment order is the act of this case where the defendant faces collision with the damaged vehicle on the expressway.