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(영문) 대전지방법원 2020.03.26 2019고정1237
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a PP car.

On July 19, 2019, the Defendant driven the said car at around 19:50, while driving the said car at around 19:50, the two-lanes from the 4rd side of the Eup to the rear side of the E Apartment-gu Daejeon.

There are two lanes, where a road surface sign prohibiting a straight margin is installed, so in such a case, the driver had a duty of care to safely drive the road and prevent the accident by safely complying with the road surface indication.

Nevertheless, the defendant neglected this and caused the part of GK3 car driving by the victim F (28) who was directly driven in accordance with the straight-and left-hand turn mark at one-lane in the same direction as the driver's surface of the prohibition of direct driving by negligence in violation of the prohibition of direct driving by the defendant, the first part of GK3 car driving by the defendant.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence during approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Attachment of an accident site photograph or a closure photograph of a sloping-prohibited surface;

1. A medical certificate;

1. Application of Acts and subordinate statutes for internal investigation reports (including the accompanying black and video CDs), internal investigation reports (victim F telephone communications);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, 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. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the gist of the assertion was erroneous by the defendant who was straight ahead of the right of way, the accident is not caused at the point of accident due to such negligence.

2. Evidence duly adopted and examined, in particular, the victim vehicle.

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