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(영문) 광주지방법원 2021.02.04 2020고단6169
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of seven 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 BM5 car.

On November 13, 2020, the Defendant driven the above car at around 12:46, and led the two-lane ahead of Gwangju Nam-gu Seoul to proceed along the two-lanes of the road in the direction of the intersection of filial ethics from the streetside.

At the same time, there was an intersection where signal lights are installed, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and received the left-hand part of the E-to-face driven by the victim D (39 aged) driving on the left-hand side of the E-to-hand side from the moving direction due to the negligence of continuously proceeding the same speed in violation of the signal while the signal is changed to the stop signal of the vehicle.

As a result, the Defendant suffered injury to the victim, such as the upper half alleys and alleys around the left-hand side in need of approximately nine weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the criminal records of the defendant; (b) the nature and risk of the crime of this case; (c) the background of the crime; (d) the degree and recovery of the victim; (e) the family relationship, health condition; and (e) the possibility of recidivism of the defendant; and (c) the punishment as set forth in the records and arguments

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