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(영문) 춘천지방법원영월지원 2020.10.20 2020고정33
교통사고처리특례법위반(치상)등
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 B-learning car.

At around 15:10 on February 7, 2020, the Defendant was entering the new line by changing the line from the intersection to the national highway No. 38 on the 38th parallel road of the Gangwon-gu Seoul Special Metropolitan City.

At this point, a person engaged in driving as a national highway of two-lanes of automobile traffic volume has a duty of care to reduce the speed prior to entering national highways and to prevent accidents by safely entering the national highways by examining whether there is a vehicle driving on the main line of national highways.

Nevertheless, the Defendant neglected the above duty of care and entered as a single-lane, and caused the dump truck truck truck truck truck driver’s front part of the victim C (the 49-year old driver’s length driver’s dump truck driver’s dump truck driver’s dump truck driver’s dump truck driver’s dump driver’s dump driver’s wheel part, which the Defendant was driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as bones of wood, cryp salt, etc. which requires medical treatment for about two weeks, and at the same time destroyed the dump truck with the repair cost equivalent to KRW 4,775,100, such as the damage to the driver’s cump board.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, F, and G;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, on-site photographs, diagnosis certificates (number 6), traffic investigation EDR analysis records, maintenance specifications, and traffic accident analysis records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

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

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

1. Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged in the instant case is that the Defendant operated the B-learning vehicle.

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