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(영문) 서울중앙지방법원 2021.01.25 2020고정2189
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 of a motor vehicle B and C.

On August 24, 2020, the Defendant driving the above cargo vehicle around 11:25, and driving the road located mainly in Gangnam-gu Seoul Metropolitan Government (Shodong) at the intersection of the insolvency park at the speed of one-lane between the 5-lanes of the Seoul Customs Office and the 703-lanes.

On the other hand, there is a warning sign indicating that the signal, etc. and the walking signal might be displayed at the front intersection, so there was a duty of care to look at the front and left right and the right and the right of the driver of the motor vehicle well and to prevent the accident in advance by safely wearing the traffic signal and the direction sign.

Nevertheless, the Defendant neglected to do so and neglected to observe the direction, and brought up the DNA obane of the victim C ( South, 28 years old) driving, which was proceeding in accordance with the signals in the opposite direction to the right side of the said cargo vehicle, into the part of the above cargo vehicle.

As a result, the Defendant suffered injury, such as a ductal of ducts, which require approximately four weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographs and on-site photographs at the time of the accident;

1. Medical certificate (C);

1. Application of accident video CD-related Acts and subordinate statutes

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;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [the scope of sentencing] / [the amount of punishment 50,000 won or 20,000 won or / [the sentence] 1,500,000 won or / [the degree of injury suffered by the injured party] / [the sentence] 1,50,000 won or 1,50,000 won cannot be deemed to have made any effort to recover the damage, and there are unfavorable circumstances against the accused. However, the Defendant’s mistake is broken down and against his/her own fault as well as this.

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