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(영문) 의정부지방법원 고양지원 2020.02.13 2019고정1009
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B.

At around 10:40 on October 8, 2019, the Defendant driven the above car and proceeded ahead of the intersection of the shooting distance in front of the Japanese Hospital located in Mangnsan-dong, Busan-gu, Mangsan-do, Mangsan-do to the Mag-do.

It is a place where traffic is controlled by signal apparatus, so in such a case, there was a duty of care for a person engaged in driving service to drive safely in accordance with the new code.

Nevertheless, the defendant neglected this and caused the collision between the front part of the DK5 car driven by the injured party C(67 years old) who is going to the port from the right side of the horse to the port when he violated the signal on the yellow signal on the front side, and the rear part of the DK5 car driven by the injured party(67 years old).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Application of the Acts and subordinate statutes to the diagnosis report on the actual condition of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order does not focus on the degree of injury suffered by the victim, the vehicle of the defendant is covered by a comprehensive motor vehicle insurance, and a certain degree of damage is expected to have been recovered upon the payment of insurance money to the victim by the insurance company. Other circumstances specified in the records and arguments of this case, including the circumstances leading to the crime of this case, the degree of occupational negligence, the defendant's age, character and conduct, living environment, and circumstances after the crime, shall be determined

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