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(영문) 창원지방법원 2020.02.07 2019고단1600
특정범죄가중처벌등에관한법률위반(도주치상)등
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

Criminal facts [Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)] The defendant is a person engaging in driving a B-learning passenger car.

On November 22, 2018, around 09:30, the Defendant driven the said car at a speed exceeding approximately 100 km from the Macheon-si, Changwon-si, about 121-ro, and the said car was driven at a speed exceeding 100 km from the Macheon-si, Busan-do, Busan-do to the labbing surface of the water.

There is a white solid line, and at the same time, the victim C (n, 47 years old) is driving in the same direction, and therefore, in such a case, the driver of the vehicle has a duty of care to safely operate the steering gear and the operation of the steering gear in a safe way without changing the vehicle, and to prevent the accident in advance.

Nevertheless, the Defendant, on the ground that the speed of the cargo vehicle running on the front side of the Defendant, changed the vehicle from two lanes to one lane in a white room by negligence, and caused the victim, a driver of the said Aburged vehicle, who is the driver of the said Aburged vehicle, to operate hand on the left side in order to avoid a collision with the above burging vehicle, so that the said Aburged vehicle falls below six meters from the above road and fell below the above road.

Ultimately, the Defendant suffered injury to the victim, such as a escape from the upper frame around the upper frame, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. A medical certificate;

1. Blue boxes and video CDs;

1. A traffic accident analysis report;

1. Application of Acts and subordinate statutes to investigation reports (on-site investigation of traffic accidents conducted by Road Traffic Authority);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 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

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

1. The order of provisional payment;

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