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(영문) 광주지방법원 2020.08.20 2020고정612
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On March 22, 2020, around 07:44, the Defendant driven the B low-speed car from the Slive-distance Slive-ro Slive-ri Slive-ri Slive-ri, Slive-ri, Slive-ri, Slive-ri, Slive-ri, Slive-ri, Slive-ri, Slive-ri, and proceeded at approximately 95.5 km each other at a speed of two lanes in the east-ri, Plive-ri,

At that time, the signal, etc. is installed, and the passage of the vehicle is frequent, so in such a case, there was a duty of care to safely drive the vehicle by complying with the speed limit and checking well the left and the right of the vehicle driver.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded at a speed exceeding approximately 25.5 km per hour, the lower part of the victim’s car left left by violating the signal from the right side of the direction of the vehicle driving by the Defendant, and received the back part of the driver’s car on the left side of the Dti-gu driving of the victim C(Y, 39 years old) in front of the Defendant vehicle.

Ultimately, due to the above occupational negligence, the Defendant inflicted injury on the victim E (the victim E (the 67-year old) who was the passenger of the vehicle, such as a flicking flick, etc. for about five weeks of medical treatment, and suffered injury, such as a flick flick flick flick flick flick flicks, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. A traffic accident report;

1. Each written diagnosis (the sequence 25,26 of the evidence list);

1. Application of Acts and subordinate statutes of a traffic accident analysis and appraisal report;

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

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

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 of the provisional payment order does not have any history of punishment heavier than imprisonment with prison labor, and the defendant also had a big impact on the accident in this case, but the degree of damage is not somewhat weak, and is distinguishable from the other vehicle.

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