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(영문) 의정부지방법원 2020.04.16 2019고정1787
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 3,000,000.

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 the driving of the Grandroth.

On September 16:30, 2019, the Defendant driven the above van on the 16:30 on September 7, 2019, leading to the direction of the Masan Park in the direction of the Masan Park.

At that time, the center line of the yellow-ray is installed, and in such a case, the driver has a duty of care to safely stop and prevent accidents when the driver stops by maintaining the safety distance with the vehicle in front of the vehicle in front.

Nevertheless, the Defendant neglected this and found it late to stop by the vehicle in front of it, and was placed on the opposite road due to the negligent negligence of the central line, which led to the driver E(59 years old) driving of the victim E(59 years old) driving. The front part of the vehicle in front of the passenger car driven by the Defendant.

After all, the Defendant suffered, by such occupational negligence, injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and injury to the victim G (the age of 57) who was accompanied by the franchiseer car, including a chest flasing in need of medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. An accident site photograph;

1. Each comparison with the enemy;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (verification as to whether an accident has occurred on the central line);

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

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

1. Selection of an alternative fine for punishment;

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

1. The defendant's duty of care for sentencing under Article 334 (1) of the Criminal Procedure Act.

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