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(영문) 창원지방법원 통영지원 2020.02.19 2019고정343
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 30, 2019, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (Habitual Injury) in the Changwon District Court’s territorial branch on January 30, 2019, and the judgment became final and conclusive on July 5, 2019.

【Criminal Facts】

The defendant is a person who is engaged in driving a NAS car in B.

On January 27, 2019, the Defendant continued the front road of the C Building from the long-distance side to D apartment at about 94km from the long-distance side of the C Building at the speed of about 19:27.

The Defendant neglected the duty of Jeonju City, and caused the collision between the two parts of the bicycle driven by the victim E (the aged 78) who was crossing the road on the right side from the right side of the course due to the negligent occupational negligence of which the maximum speed exceeds about 54 km per hour at a point where it is about 40 km per hour, and the two parts of the bicycle driven by the victim E (the aged 78) to go beyond the road.

As a result, the Defendant suffered injury, such as the closure alley of the Gancheon Group, which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to-face statement of a victim E);

1. The actual survey report on traffic accidents and the analysis report on traffic accidents;

1. One copy of the diagnosis report and opinion of the victim;

1. Previous convictions: Application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and (3) 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 the choice of a fine ( rather than a punishment prescribed in a summary order in light of equity in cases where the judgment was rendered simultaneously with the

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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