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(영문) 대전지방법원 2020.12.03 2020고단2815
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 with BPD125A.

On April 16, 2020, the Defendant driven a son on April 20, 2020, and continued to drive it at a speed from C to D at an open speed.

At the time, since it is an intersection where a signal is installed at night and at that time, there was a duty of care to prevent accidents by safely driving an accident by safely observing the signal by reducing speed and keeping the front door and the left and the right of the driver.

Nevertheless, the Defendant neglected this and caused injury to the victim, who entered the above intersection with yellow signal from the left side of the running direction of the two-wheeled vehicle driving by the victim E (Nam, 17 years of age) who entered the above intersection by using yellow signal from the right side of the moving direction of the two-wheeled vehicle, due to the negligence of entering the intersection as is in contravention of the red signal, thereby causing about eight weeks of medical treatment to the front side of the two-way driver's wheels, and suffered injury to the victim, such as the blood transfusion, etc. on the left side of the two-way side in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol E to the accused;

1. A written diagnosis and written estimate;

1. Application of the traffic accident report, survey report, photographs at the scene of the accident, each chassis, certificate of completion of report on the use of a two-wheeled motor vehicle, and statutes governing surrounding CCTV images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is that the defendant shocked the victim's wheel, and caused the victim's severe injury.

In particular, the defendant does not know about during the period of repeated crime and during the period of suspension of execution.

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