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(영문) 대전지방법원 서산지원 2020.05.28 2020고단171
교통사고처리특례법위반(치상)
Text

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 driving a rocketing car.

On November 14, 2019, at around 16:15, the Defendant driven the car 103-6, 203-6, 203-6, and 30 km from the c elementary school to the 20km-h speed from the c elementary school to the 30km-h level.

The accident place is a place where the traffic of vehicles and pedestrians is frequent in the city area. At the same time, the crosswalk is installed, and the victim crosses the crosswalk to the left-hand side along the crosswalk, so in such a case, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering direction and the brakes and prevent accidents by accurately operating the steering direction and the brakes and preventing accidents.

Nevertheless, while the defendant neglected this and proceeds as it is, the defendant left the left body of the victim D (78 years of age, female), E (69), which was coming on the left-hand side of the crosswalk from the right-hand side of the front-hand side of the said car, and went beyond the front-hand part of the said car.

Therefore, the victim victim D suffered injury such as "T12's frame, closure, etc.," which requires approximately 8 weeks of medical treatment, and "influence at risk" which requires approximately 2 weeks of medical treatment to victims E.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. CCTV images;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

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

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