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(영문) 광주지방법원 2020.09.10 2020고단2788
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Bran XG car.

On April 24, 2020, the Defendant driven the above vehicle at around 20:0, and had the front road of the Dart parking lot in Gwangju Seo-gu enter the back road with no central line in the parking lot.

A driver shall not drive a person engaged in driving service at such a speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the vehicle or tram, and there was a duty of care to drive the person safely while accurately operating the steering gear, brakes and other devices.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim G (the aged 41) who was working in the direction of F apartment, the right side of the E elementary school, the left-hand side of the mast, and was driven by the victim G (the aged 41).

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as the influence of the details of the need for medical treatment for about 12 weeks, and the influence and the closure of the situation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident situation photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not applied because the sentencing criteria are imposed on the defendant for the following reasons:

2. Determination of sentence: A fine of 6 million won is imposed on the Defendant for traffic crimes, including drunk driving, and the victim was significantly injured due to the instant accident, and the instant vehicle was covered only by liability insurance, and the compensation for the damage to the victim is fully made.

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