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(영문) 춘천지방법원 2020.02.17 2019고단1116
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 2.5 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 MF6 car.

On August 5, 2019, the Defendant driven the said car on August 14:45, 2019, and led to the driving of the said car at approximately 50-60km from the right south to the right south of the road in front of the Gangwon-do.

At this point, there was a duty of care to safely drive the vehicle by reducing speed and accurately operating the steering and brake system for the driver of the vehicle, because the speed of the driver of the vehicle is a honded part of the speed of one lane where the center line of the yellow solid line is installed.

Nevertheless, the Defendant neglected to do so at a reasonable speed, while proceeding with the rapid hacker section, and was driven by the victim D(53 years old) who was frighted in the opposite direction of the central line due to negligence, and received the left-hand side of the E Launa police vehicle operated by the victim D(53 years old).

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as dynasium and tensions, which require approximately two weeks of medical treatment, and at the same time damaged the above rocketing police vehicles to cover repair costs equivalent to KRW 3,272,818, such as hynas-in painting exchange tones.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to reports on traffic accidents, on-site photographs, car screening, certificate of insurance coverage, diagnostic certificate, written estimate, photograph of the damaged vehicle black boom, investigation report (related to insurance, etc. of the towed vehicle), transaction specifications (Receipt of the payment details of the self-paid vehicle) and investigation report (verification of whether insurance is processed);

1. Article 3 (1) and the proviso of 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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. The order of provisional payment;

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