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(영문) 수원지방법원 2021.01.14 2020고정1568
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is engaged in the business of driving the Grand Star Cargo Vehicle B.

On March 23, 2020, the Defendant driven the above vehicle around 16:42 on March 23, 2020, and changed the course from D surface to two-lanes in the direction of E apartment in the direction of E apartment.

In such cases, when a person engaged in driving of a motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course.

Nevertheless, the defendant neglected to change the two-lanes, thereby obstructing the course of the GPD125A two-wheeled vehicle driven by the victim F (31 tax, South) who is driving in the same direction as the two-lanes of the two-lanes, and the front part of the two-lanes of the defendant and the victim conflict.

As a result, the Defendant suffered injury to the victim by negligence in the course of his duties, such as the left-hand bed, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, related vehicles and field photographs, and investigation reports (verification of the current status of a victim);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Act, is recognized as a crime of the Defendant, and is against it. However, considering the fact that the degree of injury of the victim is serious and the victim did not recover from the damage,

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