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(영문) 수원지방법원 여주지원 2019.05.24 2019고단326
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person driving a B car car.

On September 21, 2018, the defendant, around 21:45 on September 21, 2018, led to the rapid progress of the three-lanes in the direction of the water source in the direction of the viewing.

Since there is an intersection where signal lights are installed, an automobile driver has a duty of care to reduce speed and to prevent accidents by driving safely in accordance with the signals and the right and the right of the road.

Nevertheless, the defendant neglected this and caused the victim D (ma, 57 years old) who crosses the road to the right side from the left side of the proceeding direction by negligence in violation of yellow signal.

Ultimately, the Defendant caused the victim to suffer serious injury, such as brain damage in need of approximately 12 weeks of medical treatment due to the above occupational negligence, cage at Dam cage, and dym dym dym dym dym fry.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. Article 334(1) of the Criminal Procedure Act provides that the reason for sentencing of the provisional payment order is an accident of crosswalks, the degree of injury of the victim, etc. shall be considered to be an unfavorable condition, but consideration shall be given to the urgency and reflect, agreed with the victim, and the primary offender shall be given to favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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