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(영문) 서울남부지방법원 2020.12.10 2020고단3793
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 9, 2020, the Defendant, who is engaged in driving a car in the spact area B, was driving on the two-lane road in front of Geumcheon-gu Seoul Metropolitan Government in the direction of the Gu telephone station distance from the direction of bank tree insurance distance, and continued to drive the car in the direction of the above bank tree distance.

At the time, there is a night and a yellow-line center line installed at that place, so in order to safely proceed along the lane along the central line installed on the road and to make a U-turn, there was a duty of care to look closely at the front side and the left side, and to prevent the accident in advance, in the prescribed section permitted for the U-turn.

Nevertheless, the defendant neglected this and caused the collision with the back part of the passenger vehicle of the defendant, which was driven by the victim D (Nam, 51) who was fluent due to the negligence of the central line and was fluent on the road in which the victim D (Nam, 51) was fluent.

Ultimately, the Defendant suffered injury, such as a cage of cage cages, etc., which require approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Sentencing unfavorable reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The degree of injury suffered by the victim shall not be minor;

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

The defendant does not want to punish the defendant by mutual consent with the victim.

. The above.

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