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(영문) 수원지방법원 2021.03.26 2020고정1884
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On May 27, 2020, the Defendant driven the above car at around 17:10, and led to the two-lanes in front C in the upper direction, along the two-lanes in the direction of cheon IIC.

Since the restriction speed is a section with a speed of 60 km per hour, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the restriction speed, and by accurately manipulating the steering direction and brake system before and after the end, and by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to drive the said vehicle at a speed exceeding 20 km per hour while driving the vehicle at a speed exceeding 20 km per hour. The Defendant did not avoid the e-mail of the victim D (V, 77 years old) who moved the vehicle from the three-lanes on the front side of the course of the Defendant, and did not avoid the e-mail of the victim D (V, 7 years old) who was moving the vehicle from the three-lanes on the front side of the said vehicle, and caused the victim to go beyond the victim by receiving the rear part of the said e-mail as the front part of the said e-mail vehicle. Accordingly, the Defendant, due to its shock, suffered the victim with the e-cerebral typhy, etc

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, survey report on traffic accident, investigation report on traffic accident (request, etc. for the evaluation of speed of the target vehicle), survey report on traffic accident analysis and response report on traffic accident analysis;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have caused traffic accidents in the course of driving beyond 20 kilometers a speed limit of 20 kilometers and thus, the victim suffers injury, and the nature of the crime is not weak.

However, the fact that the defendant recognized his mistake and divided, the defendant has no record of criminal punishment, and the defendant has no record of being punished.

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