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(영문) 대구지방법원 김천지원 2020.06.11 2020고단224
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a K3 car.

On November 21, 2019, the Defendant driving the above car around 19:50 on November 21, 2019, and proceeding the roads adjacent to Samsung C at the time of old and US, from Samsung C to Jinh from Samsung Chyeong.

The U.S. came to be an intern.

The location has a safety sign to make the signal apparatus and the left turn turn to the left, so in this case, there was a duty of care to safely drive the vehicle to the person engaged in driving the vehicle according to the new and safety signs.

Nevertheless, the Defendant neglected this and received the full right side part of the FGolf2.0 TDI BMT car operated by the victim E (the age of 31) who was left to the left according to the vehicle signal from the time when the Defendant was negligent in disregarding the direction of the safety signs and sent to the red signal, and from the time when the Mama D room, the front part of the FGf2.0 TMT car was driven by the vehicle signal.

Accordingly, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of treatment for about four weeks, and suffered injury to the victim G (Nam, 37 years of age) who was on board, for about two weeks of treatment, such as dynasium and tensions in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, site photographs, actual condition survey reports, and photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the primary offender, the fact that the defendant is covered by a comprehensive insurance, the victim's intent (the victim E has expressed his/her intention of not to punish the defendant but has expressed his/her intention of not to punish the defendant) and other defendant's age, character and behavior, environment, motive for committing the crime.

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