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(영문) 수원지방법원 성남지원 2019.07.02 2018고정1105
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who is engaged in driving a motor vehicle B 2.0D car.

On July 2, 2018, at around 09:54, the Defendant proceeded at a speed of about 80km/h, depending on one lane from the fluench rock to the fluence of the 1284-lane in the white-ro, Seocho-si, Gwangju, at a speed of about 80km/h, depending on one lane from the flusium to the fluence of the flusium.

Since each way is a motorway in a tunnel where a white real line is installed, a person engaged in driving of a motor vehicle has a duty of care to take into account the traffic situation in the direction of driving, accurately operate the steering and steering system, to observe the lane according to the white real line sign that restricts career changes and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the defendant neglected this and caused a change of course to a two-lane from a white real line to a two-lane, and caused the damage to the left side of the victim C(S. 41) driving a two-lane from the front side of the defendant's vehicle to the front right side of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes, such as a survey report on the actual situation, a photo at the scene of an accident, a medical certificate, a photograph of a black stuff image, etc. (at least 24 pages of investigation records);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The Defendant asserts to the effect that he cannot be deemed to have suffered bodily injury due to the instant traffic accident by reason of the conviction under Article 334(1) of the Criminal Procedure Act.

According to the records, the defendant is driving a SUV vehicle as stated in its reasoning and tunnels.

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