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(영문) 대구지방법원 안동지원 2021.01.12 2020고단343
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 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 BP car.

On April 10, 2020, the Defendant driven the above car on April 22:28, 2020 to turn to the left at D level at the entrance of the apartment at the time of permanent residence C.

At night and at this time, there was a duty of care to safely proceed with the intersection by examining the right and the right and the right of the driver of the vehicle in such a case.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and received the part on the left side of the victim FF (35 Do) driving, who was directly located at the entrance of the apartment from the E-private distance room, with the entrance of the apartment.

Ultimately, the Defendant suffered injury to the victim, such as an injury to the left-hand alley in need of medical treatment for about five weeks due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual condition investigation report, and the medical certificate of photographs at the scene of the accident by the defendant's legal statement F;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. In full view of the circumstances below the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the Defendant’s age, sex, environment, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the punishment is determined as ordered.

The favorable circumstances: The defendant shows the appearance of recognizing and reflecting the crime; the vehicle of the defendant is covered by liability insurance; the defendant is also responsible to some extent in the process of the occurrence of the case; and the defendant is not guilty of having the same kind of criminal record: The degree of injury of the victim is not less exceptionally.

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