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(영문) 광주지방법원 2020.11.26 2020고정731
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a e-cub vehicle B.

On June 9, 2020, the Defendant driving the above vehicle on or around 17:42, and driving the road near the Seo-gu Pungbro, Seo-gu, Gwangju at an aesthetic speed according to one-lane between the four-lanes in the direction of the Pungbro Road in the direction of the Pungbrogate.

The course has been changed into two lanes.

At this point, there was a white solid line with a vehicle combined, and in such cases, a person engaged in driving duties has a duty of care to prevent accidents by changing the course after moving to a place where a change of course is possible.

Nevertheless, the Defendant neglected to do so and instead caused a white solid line, which is prohibited from changing course, thereby leading the victim C (Nam, 29 years old) to the left-hand side of the victim C (Seoul, and 29 years old) who was normally proceeding in two-lanes of the same direction, and received the pent part in front of the right-hand side of the Defendant vehicle.

The Defendant, by these occupational negligence, suffered injury to the victim E (V, 55 years old) who was on board the same vehicle with the above victim, such as salt, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. C's statement on the occurrence of a traffic accident;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment of black stay images);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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