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(영문) 수원지방법원 평택지원 2019.08.29 2019고정314
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 300,000.

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 B-II cargo vehicles.

On April 15, 2019, the Defendant driven the above cargo vehicle at around 20:25, while driving the three-lane road in front of Pyeongtaek-si C at a speed that cannot be identified depending on the two-lanes from the open-line to the open-line.

Since there is an intersection where signal apparatus is installed in the front bank, there was a duty of care to prevent accidents in advance by driving safely according to the signals by reducing speed and properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected this and got the victim D(the age of 36) who was directly fluored by green signal from the right side of the ETS125 motor bicycle driven by the victim D(the age of 36) who was fluored by the green signal due to the negligence of being fluorily driven in violation of red signal and proceeded with the red signal.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. The actual condition survey report;

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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