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(영문) 창원지방법원 2020.10.30 2020고정543
교통사고처리특례법위반(치상)
Text

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

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 radar car.

At around 00:30 on May 26, 2020, the Defendant changed the two lanes from the first lane to the second lane in order to make a right-hand passage from the private sports-for-all distance to the c elementary school bank.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by changing the lanes safely in order to ensure that the driver of the motor vehicle is well aware of the traffic situation before, after, after, and after the passage of the motor vehicle in the four lanes.

Nevertheless, the defendant neglected this and changed the two lanes from the first lane to the second lane as is, and caused the damage to the left side of the victim D(53 years old) driving in the second two lanes, the left side of the victim D(53 years old) was shocked by the defendant's passenger car.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing such business as “infection and tension of the bones,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the result of viewing CD reproduction in a medical certificate;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case, including the course of the instant accident and degree of violation of the defendant’s duty of care, the fact that the defendant recognizes the instant crime, the degree of damage to the victim, and the extent of liability insurance to which the defendant’s vehicle was admitted, appears to have been damaged by the victim within the scope of liability insurance. The defendant has no record of criminal punishment, and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive for

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