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(영문) 수원지방법원 성남지원 2020.01.08 2019고정965
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 1,500,000.

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 of the Category B three motor bicycles.

On August 9, 2019, the Defendant driven the above motorcycle on August 18:35, 2019, and proceeded to turn to the left, depending on one lane of the third-lane road in the 313-lane Seoul Special Metropolitan City, Seonam-gu, Sungnam-gu.

Since the location is a private-distance intersection with signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle according to signals or instructions indicated by traffic safety facilities, etc.

Nevertheless, the Defendant neglected this and neglected to turn to the left while entering the intersection in contravention of the signal, and neglected to turn to the left at the right side of the motor bicycle, and due to the negligence of entering the intersection in contravention of the signal and turn to the left at the right side of the e-mail W125 motor bicycle driving by the victim C (the age of 28) who was driving from the right side of the event distance to the park tunnel, and proceeded to the right side of the motor bicycle.

Ultimately, the Defendant suffered from an injury to the victim, such as a wound, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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, the selection of fines for criminal facts;

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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