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(영문) 수원지방법원 평택지원 2019.09.20 2019고단626

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

At around 15:40 on March 30, 2019, the Defendant, who is engaged in driving a B MT car, was driving the said car and led to turn to the left at the private distance from the Joint Elementary School.

In the direction of the defendant's proceeding, the center line of yellow solid lines was installed, and many vehicles were in progress, and there were pedestrians in front of the road, so there was a duty of care to prevent accidents in advance by reducing speed and driving on the front side and driving on the right side of the center line, and safely driving on the right side of the center line.

Nevertheless, the defendant neglected this and caused the victim to go beyond the road by taking the body part of the victim E (the age of 78) who was going to cross the road due to the negligence of leading the center line and leading the victim to go beyond the road.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting the frameworks of other light frames requiring approximately 14 weeks of medical treatment, and cutting down the frames at the bottom of the light frame of unknown details.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed a traffic accident by breaking the central line, the victim's injury is serious, or the victim's mistake appears to be the reason for the occurrence of the instant traffic accident, the defendant's mistake is recognized, and the comprehensive insurance is provided to the defendant's driver's vehicle.