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(영문) 대전지방법원서산지원 2020.11.16 2020고정253
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 6 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On July 27, 2020, the Defendant driven the above car on July 23:15, 2020, and driven the two-lane road in front of the Seosan City along two-lanes from the right to the breadth.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving of a motor vehicle, keeping the front door well, and driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and proceeded as it was due to the negligence of disregarding and proceeding the direction signal, and received the part of the driver's seat of the E-learning Car driven by the victim D (Nam, 27 years old) driving from the right side of the defendant's moving direction to the left side according to the new subparagraph.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a field photograph or CCTV image at the scene of an accident;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, 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 provisional payment order is that the degree of injury suffered by the defendant due to traffic accidents that caused the central line breaking.

Nevertheless, since the defendant did not make a strong effort to reach an agreement with the victim, the victim is suffering from strong punishment.

However, the Defendant recognized all of the instant crimes, and is the first offender.

In addition, all kinds of sentencing shown in the trial process of this case, such as the defendant's age, character and behavior, environment, degree of damage, and circumstances after the crime.

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