(영문) 대구지방법원 2020.12.22 2020고단5294

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(영문) 대구지방법원 2020.12.22 2020고단5294

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of seven 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 of a vehicle B in the Atho Gu.

On August 1, 2020, the Defendant was driving the said car and continued to drive it over the floor in the process of avoiding conflicts with the Defendant’s car, and the victim D (ma, 52 years old) (ma), who was under direct progress of the said intersection from the yellow off-distance to the ethic road at the ethic road of Daegu Suwon-gu, and continued to drive the two ethic road at the ethic road of Daegu-gu, Daegu-gu, in spite of the occupational duty of care to safely drive the two ethic road in compliance with the traffic signal, and due to the negligence of entering the red ethic new intersection and proceeding the said intersection at the ethic road, and had the victim D (ma, 52 years old) who continued to drive the said intersection from the yellow off-distance to the ethic road of Daegu-gu to the front left part of the Defendant’s vehicle of the ethic road of the 50 years old ethic road.

The Defendant suffered injury to the above victim D by occupational negligence, such as cutting the frameworks, etc. of a copy of the right sprink to the right sprink, which requires treatment for about six weeks, and sprinke chills and tensions that require treatment for the above victim E for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Each written diagnosis of the actual condition;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 3 (1), the proviso to Article 3 (2) 1, Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Acts concerning criminal facts, and Articles 40 and 50 of the Criminal Act concerning conceptual concurrence;

1. Selection of an alternative fine for punishment;

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

1. Although the defendant's error in the sentencing of Article 334(1) of the Criminal Procedure Act is not somewhat weak, it is advantageous to the defendant, such as the fact that the defendant has agreed with the victims, and that the defendant is the first offender.

참조조문

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