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(영문) 대전지방법원공주지원 2020.12.22 2020고단473
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three 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 a B-to-car.

At around 14:20 on September 29, 2020, the Defendant driven the above vehicle, and let the Defendant turn to the left at an aesthetic speed from the window of the window at the window of the Changmarostrostro, which is located in the 55-ro of the Yumastro in the official city.

Since there is an intersection where traffic is not controlled, a driver of a motor vehicle has a duty of care to yield the course to other motor vehicles entering the intersection when intending to enter the intersection, and to make a left turn to the right at the intersection, there was a duty of care to prevent the accident by yielding the course to other motor vehicles who intend to go straight through or make a right turn to the right at the intersection.

Nevertheless, the Defendant neglected to do so and entered the left at the above intersection and had already entered the above intersection and had the victim D (the 65 years old) who had been going to right from the left side of the defendant's direction and proceeded to the right side of the bicycle in front of the above vehicle.

Ultimately, the Defendant suffered from an injury to the victim, such as a shoulder that requires approximately two weeks of medical treatment by negligence in the course of the above business.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Application of the Act and subordinate statutes on site photographic documents of the police investigation report on D's statement;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, all the sentencing factors indicated in the records and trial process of the instant case, including the following circumstances and Defendant’s age, character and conduct, intelligence and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, etc., shall be comprehensively taken into account. The sentence is ordered as ordered.

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