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(영문) 대전지방법원 2021.02.04 2020고단3710 (1)
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 benz car.

On February 15, 2020, the Defendant driven the 00:44 above Wentz car, and sent the intersections in front of the Seo-gu Daejeon post office located in the area of the Seogu-gu Daejeon, Daejeon to the four-distance away from the offsides of the Chungcheongnam-gu, Daejeon to the four-distance away from the offsides of the Daejeon-gu.

At the time, the speed of the vehicle is high and its location is an intersection where a signal, etc. with a speed of 50km/h is installed, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with its signals by reducing the speed and considering the right and the right and the right.

Nevertheless, the Defendant neglected this and did not stop 86km/h yellow signals in violation of the speed limit, and went to the intersection in violation of the signal, and led to the victim D ( South, 46 years old) who entered the intersection and went to the tri-distance of the Chungcheong Hospital in the Mad Cump, and driven by the E-high speed car driving.

Ultimately, the Defendant caused the victim D’s occupational negligence to suffer injury, such as salt, tensions, etc., in light of the trend requiring approximately two weeks’ medical treatment, and the victim F, who is the passenger of the Defendant’s vehicle, suffered injury to the victim F, who is the victim of the vehicle, such as the chill, tension, etc., which requires approximately two weeks’ medical treatment.

Summary of Evidence

1. Application of the following Acts and subordinate statutes to the Defendant’s written investigation into actual state of his/her oral statement, investigation report (related to the signs of restricted speed with the mountain and field of mountain (A, F), estimate, medical certificate (D), and traffic accident analysis report;

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

1. Selection of a sentence under Articles 40 and 50 (Punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes under Special Cases concerning the Settlement of Traffic Accidents and Punishment for Crimes under the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavier criminal standing) of the Criminal Act;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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