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(영문) 서울중앙지방법원 2020.12.17 2020고정2059
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 the operation of W125EX2 Oba.

Around 10:00 on April 21, 2020, the Defendant driven the above-mentioned vehicle and proceeded with the alley road without the front lane of Gwanak-gu in Seoul Special Metropolitan City along the south cycle at the lower speed in the direction of the area of the Cheongnam-do.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of a motor vehicle has a duty of care to safely report the traffic situation

Nevertheless, the defendant, by negligence, neglected to do so, reported the victim D (at least 69 years of age) to the same direction late, and did not avoid it, but did not go to the right side of the driver's vehicle.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. He/she shall apply a written diagnosis and report (referring to CCTV images around an accident site) to statutes;

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, and Article 268 of the Criminal Act.

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

1. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.

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