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(영문) 수원지방법원 안산지원 2019.05.29 2019고정124

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 vehicle B in the car volume.

On November 1, 2018, the Defendant driven the above vehicle around 19:06 and changed the course from three lanes to two lanes from three lanes from three lanes from three lanes from the direction of the Japanesec history distance to two lanes from the regular teachers' distance located in Ansan-gu, Ansan-si.

A person engaged in driving service has a duty of care not to change course when it is likely to impede normal traffic of other vehicles running in the direction of change of course.

Nevertheless, the Defendant neglected this due to the negligence of changing the course as it was, and instead, led the victim C (Nam, 33 years old) driving in the same direction, and led the victim E (Nam, 30 years old) driving in the same direction to the left-hand side of the driving direction in order to capture the car volume of the vehicle, and led the victim E (Seoul, and 30 years old) driving in the same direction to the right-hand side part of the driver's 1-way driving in the same direction, and led the victim E (Seoul, and 30 years old) driving to the upper-hand side of the car volume.

As a result, the Defendant suffered injury that requires approximately two weeks of medical treatment, including “influences and tensions,” respectively, by occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness C and E’s legal statement;

1. A traffic accident report;

1. The CD-recording records of the damaged vehicle;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. In the sentencing of Article 334(1) of the Criminal Procedure Act, it was revealed that the Defendant was negligent in recycling the CDs of damaged vehicles, and the driver of the victimized vehicle was replaced by the victim’s legal statement, and that the Defendant’s assertion that the change of the driver of the victimized vehicle was made.