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(영문) 수원지방법원 여주지원 2020.02.17 2019고단1123
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five 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 the duties of driving B.

On October 22, 2019, the Defendant driven the above vehicle around 07:20 on October 22, 2019, and driven the front road in front of Daocheon-si along the E community hall from the Do community hall to the E community hall.

At the same time, the driver's duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes and safely operating the steering gear.

Nevertheless, the Defendant neglected to do so and went alone, and received the parts of the victim F (M, 60 years old) who walked on the left side of the victim F (M, 60 years old) in front of the left side of the said vessel.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down and closing the body at the bottom of both the pelto and the pelto, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report (1) (2);

1. Report on the occurrence of a traffic accident;

1. Investigation reports (on-site verification);

1. A medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (verification of initial measures);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the sentencing order under Article 334(1) are as follows: (a) the Defendant driving the forkin vehicle, which led to the impulse of the victim; (b) the Defendant was unable to give a full view of the front door in the situation where it was not sufficiently secured; and (c) the Defendant’s liability for the offense is not less exceptionally given that the victim was injured.

However, as the defendant has been insured, it seems that the victim's damage can be recovered to some extent through the payment of insurance money.

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