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(영문) 전주지방법원 2018.10.02 2018고단1076
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 CSP car.

On March 30, 2018, the Defendant driven the above car at around 14:00, and got the intersection in front of the DMail-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City, to proceed in accordance with one way among the two-lanes, namely, gold rocks from the area of the intersection distance to the west-gu.

There are many vehicles parked on the right side of the driving direction, and the victim E (83) was a bicycle driving ahead, so in such a case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents by securing and operating a necessary distance to avoid collision with the bicycle driver when he or she has exercised due care.

Nevertheless, the Defendant neglected this and failed to secure the safety distance with the above bicycle, and received the above bicycle on the back side of the above car due to the occupational negligence.

As a result, the Defendant suffered from an injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Accident vehicles and on-site photographs;

1. Reporting on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A traffic accident occurred due to the Defendant’s neglect of his duty of care due to the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), and the victim suffered an injury that is not somewhat weak.

However, in consideration of the fact that the defendant has no particular criminal history, and the victim's mistake seems to have caused a traffic accident, the punishment shall be determined as per the order.

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