(영문) 의정부지방법원 2021.01.26 2020고단4879

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(영문) 의정부지방법원 2021.01.26 2020고단4879

교통사고처리특례법위반(치상)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who drives JET14 124.6cc.

On June 6, 2020, the Defendant driven the above vehicle around 16:40 on June 6, 2020, while driving the road located in the 44-2 dong in Namyang-si along the two-lanes of the three-lanes, and driving the road from the side of Seoul to the Government, and changing the course to the one-lane.

In such cases, the driver shall not change the course when it is likely to obstruct the normal passage of other vehicles running in the direction to change the vehicle where the driver is engaged in driving service, and has the duty of care to prevent accidents by driving safely, such as operating direction, etc. in advance and giving prior notice of change of course.

Nevertheless, when the Defendant neglected to do so and negligently changed the course to one lane, the Defendant took the part of the victim C (26 Do) driving in the same direction as the other wheel part of the victim C (26 Do) driving with the front wheels of the other string of the motor vehicle.

As a result, the Defendant caused the injury to the victim C, such as “satise and tension,” which requires approximately two weeks’ medical treatment due to occupational negligence, and the injury to the victim E (V, 26 years old), which requires the same period of medical treatment, such as satis and pelvis, and satis and tension, etc., of the damaged vehicle E (V, 26 years old).

Summary of Evidence

1. Application of Acts and subordinate statutes on site photographs to the Defendant’s legal statement C and E written fact-finding surveys;

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

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Considerations such as the scale of accidents causing the sentencing of Article 334(1) of the Criminal Procedure Act, the degree of injury to the victims, and the fact that the defendant has no criminal history

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