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(영문) 창원지방법원마산지원 2020.09.08 2020고정320
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a BScar car.

On January 21, 2020, the Defendant driven the above car at around 16:50, and proceeded with the direction of the Haan Police Station in the direction of the Haan Park in the direction of the Haan Park in the direction of the night distance.

No person who drives an automobile with an intersection in which the overtaking is prohibited, shall overtake another vehicle with another vehicle.

Nevertheless, the defendant passed over the C SP car that was driven above, and the vehicle subject to SP car at the intersection is left left and left at the left, and the chief side of the defendant's vehicle was placed in front of the driver's seat.

Ultimately, the Defendant suffered from the injury of the victim D (the age of 59) and E (the age of 3) who is the same passenger of the same vehicle by occupational negligence as above, for two weeks, such as base salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes to investigation reports (human damage part);

1. Article 3 (1) and the proviso to Article 3 (2) and 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. Scope of recommendations according to the sentencing criteria: Non-application of fines.

3. Opinion of the prosecutor: Fines of three million won;

4. The Defendant: (a) caused a traffic accident in violation of the method of overtaking; and (b) caused two-time medical treatment to two victims; and (c) the Defendant received two-time medical treatment.

Overtaking beyond the central line is completely over:

There is a lot of negligence of the defendant due to accidents.

It has not been completely recovered from damage.

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