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(영문) 서울중앙지방법원 2020.08.27 2020고단3069

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of four 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 the driving of freight B and B.

On March 14, 2020, the Defendant driven the above cargo vehicle on March 14, 2020, and proceeded six-lanes of high speed terminal distance in 222 due to the new distribution in Seocho-gu Seoul, Seocho-gu, Seoul, at a speed of about 40km from the flow station to the speed of about 40km at the speed of speed from the speed of high speed terminal, and made the turn to the left at the distance of 3rd.

At the time, the signal was installed at night and at that time, so in such a case, the driver of the motor vehicle had a duty of care to look well at the front left, reduce the speed of the front left, and prevent the accident in advance by passing through the intersection.

Nevertheless, the Defendant neglected this and caused the left-hand turn to the left-hand turn in contravention of the Defendant’s right-hand signal, and caused the collision to the front-hand part of the victim C (Nam, 67 years old) driving under the new code from the high-speed terminal room where the said road was carried out in accordance with the new code.

After all, the Defendant suffered injury to the victim, such as a scarcity 12, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, while operating a vehicle, sustained an injury in need of eight weeks of treatment to the victim due to a signal violation, and the defendant violated the signal signal at the intersection, and the degree of injury suffered by the victim.