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(영문) 대구지방법원 서부지원 2021.01.12 2020고정334
교통사고처리특례법위반(치상)
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1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car rental car.

On February 20, 2020, the Defendant driven the above car at around 08:00, and driven the intersection in front of the “D” located in Daegu-gun C, in the “E” page from the “E” page to the “studal of the achieved Gun’s civil playground,” the Defendant continued to drive approximately 50 to 60km each hour between the two lanes.

Since there is a yellow light on-and-off intersection, there was a duty of care to provide a person engaged in driving of a motor vehicle with a duty of care to safely drive a motor vehicle through an intersection.

However, the Defendant neglected to do so and did not look at the front side and did not reduce the speed, and was due to occupational negligence that entered the said intersection as is, from the opposite part of the horse, the victim F (W, 48 years old) who had already entered the said intersection and passed the said intersection to the right side of the Defendant’s proceeding, and was in front of the right side of the car driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as cage cages and tensions, which require approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

2. A traffic accident statement of the F;

3. A report on the traffic accident situation and a report on actual condition investigation;

4. Application of Acts and subordinate statutes to a report on investigation.

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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