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(영문) 의정부지방법원고양지원 2020.10.23 2020고단1980
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

피고인은 B 프런티어2500L바큠카 화물차의 운전업무에 종사하는 사람이다.

On June 29, 2020, the Defendant driven the above cargo vehicle at around 13:40 on June 29, 2020, and made the left turn to C at the right turn from the intersection of the private-distance intersection in Seoyang-gu, Seoyang-gu, Seoyang-gu, 254.

In this case, the driver of the motor vehicle had a duty of care to live well on the right and the right and the right of the driver of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the defendant neglected this and received the front part of the EB15-wheeled Vehicle driving by the victim D (EB15 years old) who was in progress from the right side of the vehicle running in the direction of the defendant's course to the left by the negligence of the left-hand turn even though the vehicle signal of the front side was sent to the right side of the vehicle of the defendant.

As a result, the Defendant suffered injury to the above victim by occupational negligence during approximately 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Accident vehicles and on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (receiving a victim's currency and medical certificate);

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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act and the details of damage, although it is not good for the defendant to commit the crime, the fact that the defendant has made a statement that he/she is aware of the facts charged, the fact that the victim and the first offender have been smoothly agreed, etc., taking into account the circumstances favorable to the defendant, and the age, character and conduct, health conditions, family relationship, etc. of the defendant.

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