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(영문) 서울중앙지방법원 2020.08.13 2020고정987
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 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 of B Abeo vehicle volume.

On February 5, 2020, the Defendant driven the above vehicle at around 18:30 on February 5, 2020, while proceeding the Gangnam-gu Seoul road along the three-lanes in the direction of the speech station distance from the backside of the river basin, and changed the course to the four-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by changing his/her course safely, such as taking the front door and left door well, etc.

Nevertheless, the defendant neglected this and went into the right side of the vehicle driving by the victim D (year 51) who was driving a four-lane due to the negligence of changing the course into a four-lane as it is, and the left side side of the vehicle driving by the defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. on the right hand, which requires treatment for about three weeks by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. Accident site and photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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