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(영문) 의정부지방법원 2021.01.28 2020고정1665
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 W125 motor bicycle.

On October 19, 2020, the Defendant driven the above vehicle at a speed that would not be known by three lanes of the three-lanes among the three-lanes in the 306 Supplementary bank.

At all times, the signal was installed in the front and the signal was displayed on the front side of the defendant's running direction, so there was a duty of care to prevent the accident in advance by stopping in front of the stop line as well as stopping in front of the motor vehicle driver.

Nevertheless, the Defendant neglected this and received the left left turn from the D high school room to the E apartment screen in accordance with the D high school line with the left left turn due to the negligent negligence in violation of the signal, and received the front wheels of the motor device bicycle operated by the Defendant, the front right part of the G K5 car driving G K5 car driving from the victim F ( South, 64 years old).

Ultimately, the defendant suffered from the injury of the victim H (V, 62 years old) who was on the part of the victim F and the damaged vehicle due to the above occupational negligence, including about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. A survey report on the actual condition, a report on the occurrence of a traffic accident, and an on-site map;

1. On-site photographs;

1. Each written diagnosis;

1. Application of the investigation report (for the verification ofCCTV images) and the Act and subordinate statutes governing traffic signal control data;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is to recognize all the facts charged in the instant case, and to reflect his mistake in depth, and the economy of the Defendant.

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