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(영문) 대구지방법원김천지원 2020.12.23 2020고단937
교통사고처리특례법위반(치상)
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 engaging in driving a rocketing car.

Around 16:00 on May 20, 2020, the Defendant driven the said car and proceeded to Kimcheon-do from the direction of the 59th regular national highway located in Macheon-ri 59-1, Macheon-si, Kim Jong-do.

Since there is a center line of yellow-ray, which is a one-lane, there was a duty of care to safely drive the steering gear and brakes by accurately manipulating them.

그럼에도 불구하고 피고인은 이를 게을리 한 채 중앙선을 침범하여 운행한 과실로, 반대차선에서 진행해오던 피해자 C(여, 35세) 운전의 D 스포티지 승용차가 피고인의 승용차와의 충돌을 피하기 위해 급하게 핸들을 오른쪽으로 틀면서 급정거함으로써 피해차량에 동승하던 피해자 E(남, 5세), 피해자 F(여, 9세)이 앞으로 튕겨 차량 안에 부딪히게 하였다.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C such as salt, tension, etc. on the right hand, which requires treatment for about two weeks, injury to the victim E, such as an oral and oral heat requiring treatment for about two weeks, and injury to the victim F, such as salt, tension, etc. of a shoulder pipe requiring treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Selection of an alternative fine for punishment;

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

1. Although there is a degree of negligence of the defendant who committed a crime committed by the central line of reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant's act of committing the crime is recognized, and the victims' act is committed.

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