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(영문) 광주지방법원 2020.08.27 2020고단3239
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 wing and cargo vehicle B.

On May 15, 2020, at around 15:10, the Defendant continued to run approximately 60 km of Si speed according to the two-lanes of city, one lane from the c hospital to the d apartment room in Seo-gu, Seo-gu, Gwangju Metropolitan City.

At that time, the highest speed was 60km to the bend road with the center line of the yellow-ray. At that time, there was a sucked road at the time, so a person engaged in driving of a motor vehicle has a duty of care to ensure that a person engaged in driving of a motor vehicle does not exceed 48km per hour at a reduced speed of 20/100 of the maximum speed of restriction, and that a person engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle by accurately operating the steering and brakes so that the person does not disturb the central line and safely proceed with the accident without breaking the central line.

Nevertheless, the Defendant neglected to stop driving at a speed of approximately 60 km and proceeded at a speed of about 60 km, and the Defendant got off the central line due to the negligent negligence of brooming the central line, and received the front part of the Fro vehicle driven by the victim E (V, 65 years old) who was fro vehicle driven by the Defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, i.e., the 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of the speed limit of the place of accident) on the E statement, traffic accident report (on the actual condition survey report);

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) 2 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not applied because the sentencing criteria are imposed on the defendant for the following reasons:

2...

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