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(영문) 수원지방법원평택지원 2020.08.20 2020고정21
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two 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 farm machine.

On May 14, 2019, at around 09:48, the Defendant driven the above light train and proceeded to turn to the left at a speed above the center line at an aesthetic speed with the distance of 154-1 Ban-ri, Dong-ri, Dong-ri, Myeon-ri, Myeon-ri, and the distance from Dong-ri, Dong-ri, Dong-ri to the left.

At this point, there was a center line of the yellow-ray, so in such a case, there was a duty of care to thoroughly drive the light-line to prevent accidents in advance by safely driving the light-line.

Nevertheless, the defendant neglected to do so and proceed to the left by neglecting the center line of the yellow mine line, and by neglecting the left, the defendant is going to a brupted plane from the inside of the brupt.

The part of the victim B(60 years old) who was in the signal atmosphere was sleeped in front of the Defendant driving, after the top lurbing of the lurged vehicle of the victim B(60 years old) driving.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim B on the right shoulder so that it needs to be treated for about two weeks, and on the same D (80 years of age) who took advantage of the damaged vehicle, the Defendant inflicted on the same D (80 years of age) the injury on the shoulder pipe that requires to be treated for about two weeks, and at the same time damaged the above Aburged vehicle so that its repair cost is equivalent to KRW 1,636,808.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the police protocol of statement B, the actual condition survey report, the site photograph of the accident site, and the written estimate of each diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has been punished for the same kind of crime.

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