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(영문) 창원지방법원 마산지원 2020.04.22 2020고정103
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

B On December 13, 2019, the Defendant, who is engaged in driving a rocketing motor vehicle, driven the above vehicle at around 18:30 on December 13, 201, and driven the 9 km point in the area of Changwon-si, Busan, of the Masan-si Highway, which is located in the area of Changwon-si.

Since the vehicle driven slowly due to the body of the vehicle in the front section was in driving, the driver of the vehicle had a duty of care to prevent the accident in advance by accurately manipulating the front section and the left and right, and accurately manipulating the steering gear.

Nevertheless, the Defendant was negligent in neglecting the duty of the front stop and caused the rear part of the victim C(26 years old) driving, which was standing the vehicle due to the negligence of the Defendant, to be the front part of the said rocketing vehicle.

As a result, the Defendant suffered from the Defendant’s occupational negligence that requires approximately two weeks of medical treatment.

[A medical certificate was prepared to the effect that the two weeks of treatment is needed, and the victim received treatment on the day of preparation, and the victim was presumed to be in the future, etc., it can be sufficiently recognized that the defendant suffered injury the same as the criminal facts stated in the criminal facts.]

1. Partial statement of the defendant;

1. Application of the actual survey report, C’s written statement and diagnosis report, and traffic accident-related photograph-related Acts and subordinate statutes;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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