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(영문) 대전지방법원천안지원 2020.11.30 2020고단2328
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 car B i30.

On July 25, 2020, the Defendant driven the above car on July 25, 2020, and continued to drive it at a speed of approximately 136 km per hour, depending on the two-lanes above the two-lanes above the 325-19 free will in Western-gu, Western-gu.

In such cases, since the restricted speed is 80 km a hour, a person engaged in the driving of motor vehicles has a duty of care to thoroughly see the front side, observe the restricted speed, and accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and found the SP car that entered the same lane from the front line to the Defendant’s front line and operated the steering gear in order to avoid a collision, while driving the victim C (Nam, 66 years old) who was going through the second line at the front line of the two-lanes. The Defendant got a driver behind the passenger vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim C such as salt and tensions that require approximately 3 weeks of medical treatment, and the victim D (the victim 64 years of age) who is the passenger of the victimized vehicle with approximately 12 weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A medical certificate or general medical certificate;

1. Requests for appraisal;

1. A report on traffic accidents and a report on actual condition;

1. Bluckings and video images of the vehicles, and motion picture images of damaged vehicles;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the applicable Act concerning the facts constituting an offense, and Article 268 of the Criminal Act;

2. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with a heavier penalty).

3. Selection of a fine for negligence;

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