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(영문) 대구지방법원 2020.08.11 2020고정465
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who drives B 300cc Epide with a view to driving.

Around 19:00 on December 31, 2019, the Defendant driven the off-to-face of the off-land, and led to the progress of the road in front of the Daegu Northern-gu C Apartment-dong from the right side of the apartment to the inside of the apartment.

At this time, a person engaged in the driving of a motor vehicle has a duty of care to accurately operate the brake or steering gear according to the structure and performance of his/her motor vehicle, and to safely drive the motor vehicle in front and in a safe manner, and to prevent the accident from occurring.

Nevertheless, the failure to do so and the failure to do so is prior to the same discharge.

The part of the victim E(the age of 56) driving with F 125cc E(the age of 56) is followed by the front part of the defendant's driver's wheels.

As a result, the Defendant suffered injury to the Defendant’s satise finite satise, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of a traffic accident report, accident situation photograph, and medical certificate to statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.

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