(영문) 수원지방법원 2019.05.15 2018고단7497

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(영문) 수원지방법원 2019.05.15 2018고단7497

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 22, 2018, at 06:55, the Defendant driven a new-b new-burd motor vehicle, which is located in 5 in the West-gu, Suwon-gu, Suwon-si, and proceeded along three-lanes from the high intersection to the air-conditioning.

Since there is an intersection where a signal is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle according to the traffic signal.

Nevertheless, the Defendant neglected the above duty of care and caused injury to the victim C(the age of 32) due to the negligence continuing to the vehicle stop signal, which was driven by the victim C(the age of 32) who was driven in accordance with the new subparagraph, by taking the front part of the freight vehicle into the left part of the Defendant’s vehicle and taking about eight weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident inspection report, the scene of a traffic accident, and photographs of related vehicles;

1. A photographic image photo of a witness vehicle, a video tape of a witness vehicle, and a video CD of a witness vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

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 crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant caused a traffic accident by negligence in violation of the signal at the intersection and thereby the victim was injured, and the degree of the negligence of the defendant and the degree of the victim's injury is less severe.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant wanted to do so with the victim.

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