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(영문) 수원지방법원 2019.11.28 2019고정1402
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 two-wheeled motor vehicle B.

Around 10:50 on April 21, 2019, the Defendant driven a two-wheeled vehicle, and driven the two-wheeled vehicle, thereby driving the front road in front of the Gangseo-gun from D to the intersection of the road, including the victim E, along with the persons of the Ortoba club.

At the same time, the Defendant had a duty of care to prevent accidents in advance by emphasizing the front door, operating the steering gear accurately, and preventing conflict with the vehicle in the vicinity, as the Defendant, including the victim, was operating the wheel along with a two-wheeled vehicle operated by a number of members of the club, including a two-wheeled vehicle, and in such a case, there was a duty of care to prevent accidents in advance.

Nevertheless, the defendant's negligence of neglecting this and caused the victim to go beyond the road along with the two-wheeled vehicle by shocking the right side part of the F two-wheeled vehicle driving by the victim who has changed its course to the right side to avoid a car that reduces speed in the front side of the defendant's two-wheeled vehicle.

As a result, the Defendant suffered injury to the victim, such as a cage cage cage cagef, which requires approximately six weeks of medical treatment due to the above occupational negligence, and at the same time damaged the Fran-wheeled Motor Vehicle owned by the victim to have approximately KRW 29,109,400 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (a written statement attached to a stude), a report on internal investigation (on-site conditions and accompanying photographs);

1. Each statement of E, G, H, I, and J;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Detention at a workhouse;

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