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(영문) 수원지방법원 2020.08.14 2020고단276
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 Bsch Rexroth vehicles.

On August 1, 2019, the Defendant driven the above vehicle on August 23:30, 2019, and led to the two-lane road in front of the Eberland basin in front of the U.S., the wife population, at the time of tolerance, along two-lanes from the Liber Islands to the intersection.

At the time, since it was difficult to move around at night, there was a duty of care to prevent accidents by reducing speed and accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and did not discover the victim C ( South and 62 years old) crossing the road to the right side from the left side of the course due to negligence, and went beyond the Defendant's vehicle as it is.

As a result, the Defendant suffered serious injury, such as external shock, external cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrals

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report, related photographs, and closures;

1. A written opinion and a medical certificate;

1. Application of Acts and subordinate statutes as a result of the reproduction of black stay images and CDs;

1. Legal provisions applicable to criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant traffic accident in the instant case where the victim’s life is likely to pose a serious consequence of serious injury with high possibility of disability even if treatment is given in the future, and the victim’s failure to recover from the damage caused by the accident until the lapse of one year from the accident is disadvantageous to the Defendant.

On the other hand, the defendant seems to have an attitude to recognize and reflect the crime of this case.

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