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(영문) 대구지방법원 2021.01.19 2020고정1716
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cuss car in B.

On September 11, 2020, the Defendant driven the above car on September 11, 2020, while driving the vehicle and driving the road in front of Daegu Nam-gu C from the Korean four-distance distance from the south-gu, the Defendant changed the course from one lane to two-lanes.

In the case of changing the vehicle line to a person engaged in driving service, there was a duty of care to change the vehicle line safely by taking into account the traffic situation at the right and right before and after the change.

Nevertheless, the Defendant neglected this and instead changed the course from the first lane to the second lane, and received the part of the back fences of the victim D, who changed the course from the third lane to the second lane of the passenger car of the Defendant, into the second lane.

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

Summary of Evidence

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. The actual investigation report on traffic accidents;

1. (D) The Defendant asserts that the instant traffic accident occurred due to the change of the victim’s subordinate line while the Defendant had already entered the first and second lanes before the occurrence of the instant traffic accident. Thus, the Defendant was not negligent in the occurrence of the instant traffic accident.

However, comprehensively taking account of each of the above evidence duly adopted and examined by this court, it can be recognized that the traffic accident of this case occurred while the defendant and the victim changed the vehicle without considering the traffic situation with each other. Thus, the defendant's assertion is not accepted.

Application of Statutes

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

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

1. The order of provisional payment;

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