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(영문) 청주지방법원 영동지원 2020.04.02 2020고정2
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Track machines.

On April 5, 2019, at around 20:15, the Defendant driven the above vehicle on the front of the convenience store located in Chungcheongnam-gun B, Chungcheongnam-do, Chungcheongnam-do, and continued directly from the Gu's three-way boundary of the Gu's three streets.

Since there is a place where the center line of yellow-ray is installed, a person engaged in the driving of a vehicle has a duty of care to thoroughly see the front side and safely drive the vehicle in compliance with the rules of duty.

Nevertheless, the Defendant neglected to do so and proceeded with the center line of yellow-ray, and had the victim C (Nam, 52 years old) drive directly from the opposite part, and had the front pentel part of the driver's seat in the Diveta-Pon Passenger Car driven by the victim C (Nam, 52 years old), with the Defendant's lower-hand rear wheels part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by the aforesaid negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the choice

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing under Article 334(1) of the Provisional Payment Order shall be determined in full view of all the circumstances constituting the conditions for sentencing, including the occurrence of the instant traffic accident, the details and degree of the injury inflicted on the victim, the degree of negligence of the defendant, the age of the defendant

The gist of the violation of the Road Traffic Act among the facts charged in the instant case is as follows: the Defendant, at around 20:15 on April 5, 2019, was negligent in neglecting due care necessary for duties while driving Tracck farming machines on the front of convenience stores located in the Chungcheongbuk-gun, Chungcheongnam-do.

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