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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단931

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 driving a K3 car.

On February 27, 2019, the Defendant driven the above car at around 05:45, and proceeded one way in the two lanes in the Datyang-gu Datyang-gu C in Goyangyang-gu, Seoyangyang-gu, and proceeded one way in the direction of the E elementary school from the intersection to the intersection.

Since there is a limited speed at a point of 60 km per hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by complying with the restricted speed.

Nevertheless, while the Defendant neglected this and operated a limited speed exceeding about 86.96 km per hour, the Defendant shocked the victim FF (74 years old) who illegally crossed from the left side of the running direction of the said car to the right side, which was the front part of the said car.

In the end, the Defendant suffered the victim's injury by occupational negligence as above, such as light-fluoral and non-fluoral colony in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. Written opinion and each medical certificate;

1. A traffic accident analysis and appraisal report;

1. Application of the Acts and subordinate statutes on black stay images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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 and speed of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) driving a vehicle exceeding a level of 26 km; (b) it is not easy for the victim to suffer a serious occupational negligence.

The degree of injury suffered by the victim is very serious.

However, the defendant recognized the crime of this case and runs counter to his fault in depth.

Although the defendant operated the vehicle beyond the restricted speed at the time of the instant case, the vehicle of the defendant was driven in accordance with the green signals of the front bank, while the victim was driving the vehicle at the fourth road from the front bank at the time of shock, the victim was driving the vehicle without permission.