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(영문) 대구지방법원 2019.08.13 2019고정209

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of one 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 of the B-hurd passenger vehicle.

On October 9, 2018, the Defendant had a duty of care to change the lane safely after checking the safety of the lane in which he/she wishes to change the lane, if he/she is moving into the two lanes in the south-gu, Daegu-gu C, and if he/she is moving into the one lane in the two lanes in the direction of the flow of the road in the direction of the flow of the road in the direction of the flow of the road in the direction of the flow of the metropolitan area.

Nevertheless, the Defendant neglected this and caused the change of the lane from the two lanes to the one lane, thereby resulting in a Francing that is driven by E (59 years of age) driving in the same direction, and received the front part of the taxi on the right side of the given vehicle as the top part in front of the left side of the given vehicle.

The Defendant got injury to G (the age of 29) who was accompanied by the foregoing occupational negligence, such as salt, tension, etc. of the bones of wood that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and on-site survey reports;

1. Written statements (E), medical certificates (G);

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is that the defendant breached his duty of care to safely change the lane as stated in the facts charged in the judgment of the court, thereby causing bodily injury to the victim E, i.e., bones, bones salt and tension that require three weeks of medical treatment to the victim E, and damaged the above damaged vehicle’s property by 1,941,368 won, such as the exchange of postnal pans, etc.

2. Determination

(a) Crimes of non-compliance with each intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. The victim E, after the prosecution of this case, was instituted.