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(영문) 수원지방법원 안산지원 2020.01.29 2019고단2497 (1)
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On May 15, 2019, the Defendant driven the above cargo vehicle around 00:03, and came to go from the front king of the C-do four-lane road in front of the C-do at the Sihsking, along the one-lane road.

Since there is an intersection with a signal apparatus, a person engaged in driving service has a duty of care to prevent accidents by driving in accordance with the signals as the signal apparatus is well reported to the person engaged in driving service and as the signal apparatus instructs.

Nevertheless, due to the negligence of the defendant's failure in doing so, the defendant was driven by the victim D (hereinafter 38 years old) who was proceeding in accordance with the straight line from the right-hand side of the defendant's proceeding to the left-hand side, and received the front part of the Edisberber sports car as the front part of the cargo vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have two or more internal organs in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the actual condition survey report, diagnostic certificate, related images, and photographic Acts and subordinate statutes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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