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(영문) 청주지방법원 2020.05.07 2019고정894
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of four million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of Category B Newcom XD car.

On September 18, 2019, at around 09:27, the Defendant was driving at the speed of the unexplosive distance of industrial complex at the front of the Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

At the same time, a two-wheeled vehicle driven by the victim E (78 years of age) with a revolving intersection where traffic is not controlled at the time, was driving at an aesthetic speed from G room to an industrial complex shooting distance.

In such cases, a person engaged in driving duties has a duty of care to ensure that the traffic situation of the road is well reported and the traffic right of other vehicles operating first by entering the intersection shall be granted to prevent accidents due to the failure of the accident.

Nevertheless, the Defendant neglected this and caused injury to the left side of the front side of the Defendant’s vehicle due to the occupational negligence that entered the intersection as it was, and caused the said victim to undergo approximately five weeks of medical treatment, such as chilled salt, tension, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused and E;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, and photographs related to a traffic accident;

1. A medical certificate;

1. Determination as to the assertion of the defendant and his defense counsel by the investigation report (report on the shock of the damaged vehicle), investigation report (report on the entry of the intersection), and the closure of the CCTV related to each case

1. The priority approach to the main point of the claim is not the victim but the defendant, so there is no occupational negligence on the part of the defendant, and there was no direct conflict between the defendant's vehicle and the victim's soil.

2. The point of the instant accident is, in the case of the Defendant vehicle, the point of the instant accident is against the point of the entry immediately into the original intersection, and the victim's overland reaches the front intersection, and the vehicle's left side is the Defendant's vehicle.

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