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(영문) 창원지방법원 2020.12.03 2020고정645
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 who is engaged in driving of Bone Star Car.

On June 29, 2020, the Defendant entered the front road of the public parking lot located in the Sungwon-dong Changwon-gu, Sungwon-si, Sungwon-si, Busan Special Metropolitan City, with the front road in front of the public parking lot located in the above public parking lot.

At this point, there is a center line of yellow-ray, so there was a duty of care to prevent accidents in advance by thoroughly driving the motor vehicle in front and safely driving the motor vehicle.

Nevertheless, the Defendant neglected to turn to the left at the center line, and got the victim D (55 years old) who illegally crossed the above road without permission due to the negligence of entering the road.

Ultimately, the Defendant suffered damage to the victim’s cerebral cerebral cerebral cerebral Enculsis, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of each accident site;

1. A medical certificate;

1. Application of the Investigation Report (No. 6) Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning criminal facts, 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant reflects his/her mistake, and the fact that the defendant agreed with the victim is reasonable.

However, prior to the instant case, considering the fact that the Defendant had been punished by a fine for a violation of the Road Traffic Act, including the fact that the Defendant had been punished by a fine, was grossly negligent by the Defendant, and the degree of injury to the victim, the Defendant’s responsibility is heavy.

The Defendant’s age, character, character and environment, and motive, background, means and consequence of the instant crime, including the above circumstances.

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