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(영문) 광주지방법원 순천지원 2020.07.23 2019고정511
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 20 days shall apply.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On September 11, 2019, the Defendant driven the above cargo vehicle on September 11, 201:45, and led the D Library prior to the D Library C in light of the two-lanes between the two-lanes from the Bridge to the Eriju station.

At this point, there was no sign allowing the non-protection coordinate display or U.S., and the signal apparatus installed there was green light, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without making a left-hand turn or U.S. according to its signals.

Nevertheless, the Defendant neglected this and caused the Defendant to operate the G Kafa car rapidly in order to avoid the collision with the Defendant’s driver’s vehicle, which was driven by the Victim F (F, South, 38 years old) who was in a direct progress on the left side of the Defendant’s post, due to the Defendant’s negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs;

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

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant’s age, character and conduct, property status, environment, motive, circumstance, means and consequence of the crime; and (b) all of the sentencing factors in the trial process of this case, including the circumstances after the crime, etc., are considered to be relatively minor.

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