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(영문) 창원지방법원마산지원 2020.11.27 2020고단937
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 17, 2020, the Defendant driving a BM5 car on August 16, 2020, which led to the passage of the intersection in front of the D located in Changwon-si C, MU-si, Changwon-si, to the west square from the west on the street.

Since there was an intersection with a red light on-and-off signal at the defendant's moving direction, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle after complying with the signal.

Nevertheless, the Defendant neglected this and did not temporarily stop in violation of the on-and-off signal of the red light and proceeded as it is, due to the negligence of passing through without temporarily, from the left side of the running direction of the above vehicle, the part on the right side of the victim E (Nam, 18 years old) driving without registration GT125 Oba, which passed the intersection to the right side, was shocked into the front part of the above SM5 car

Ultimately, the Defendant suffered injury to the victim, such as pressure dives of spine in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a de facto survey report, CCTV image-cape and diagnostic report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

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

1. Prosecutor’s opinion on the reason for sentencing under Article 334(1) of the Criminal Procedure Act: Imprisonment with prison labor for a period of six months: A relatively heavy result was incurred by the Defendant’s negligence of a fine of five million won.

However, the defendant stated that he is aware of and against the facts of crime.

There was an agreement with the victim and there was no record of punishment.

There is no fault on the part of the victim.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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