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(영문) 수원지방법원 안산지원 2016.11.25 2016고단4026
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C Eth Motor Vehicle.

On May 26, 2016, the Defendant driven the above car on May 18:15, 2016, and continued two lanes from the 768-1 course of the marina road in the Sinung-dong 768-1, Sinung-dong, to the speed of about 70 km from the west to the west.

Since there is a limited speed of 40 km per hour, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected this and proceeded with the victim's bicycle front-hand side of the victim D (Woo, 50 years old) who was walking a bicycle at the crosswalk in front of the crosswalk by negligence that passed a restricted speed exceeding 30 km/h, and brought the front front part of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as entangry, bones, boom, etc., which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. An accident inspector and a medical certificate;

1. Application of Acts and subordinate statutes to on-site photographs (skid mark and speed sign photographs);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, 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. Although the degree of injury on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is one of the primary offenders, and considering the fact that damage has been recovered from comprehensive insurance, etc.

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