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(영문) 창원지방법원 2020.08.12 2020고정297
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

1. Around 03:15 on June 30, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) turn to the right-hand water square in the direction of the upper south water square, at the right-hand distance from the D main distance in Sung-si, Changwon-si, Sungwon-si, to the right-hand turn to the right-hand turn in the direction of the upper south water square.

In such cases, there was a duty of care to operate safely by accurately operating the steering direction and brake system of the vehicle with a well-being of the front line.

Nevertheless, the Defendant, while neglecting such duty of care as a temporary suspension, received from the victim E (n, 28 years of age) and the victim F (n, 28 years of age) who were in front of the crosswalk due to the Defendant’s negligence while driving the above vehicle for about two weeks, and suffered from the injury of the victim E (n, e.g., the victim E, which requires approximately two-day medical treatment, and the injury of the brain f, which requires approximately two-day medical treatment.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of a vehicle without a driver’s license for the vehicle from the front day of the citizen’s sports center located in Seongdong-gu, Seongdong-gu, Sungwon-gu at the same time to the front day of the foregoing accident site C from the day before the citizen’s sports center located in Sung-gu, Sungwon-gu.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Procedure Act;

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