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(영문) 의정부지방법원 2020.09.21 2020고단1375
교통사고처리특례법위반(치상)
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 drives K7 motor vehicles in B.

On November 5, 2019, the Defendant driven the above vehicle around 16:45, around 16:45, the Defendant driven the front road of the 55.8km point (daily mountain direction) of the Seoul outer circular Highway located at the intersection of the two weeks along the one-lane road from the direction of the transmission to the direction of the mountain.

Since there is a space where a white solid line, which is a safety sign, is prohibited from changing course, there was a duty of care to prevent accidents by changing course in the section where a change of course can be made in accordance with safety signs.

Nevertheless, the Defendant neglected this and proceeded with the two-lanes from the section where a white solid line is installed to the two-lanes of course change, thereby passing along the two-lanes of the victim C(40 years old) driving in the same direction. The Defendant received the front part of the victim C(40 years old) driver's seat on the right side of the Defendant, and received the front part of the driver's seat on the right side.

As a result, the Defendant suffered injury to the victim, such as the tear of the internal half half-yearly fladrat, which requires treatment for about six weeks due to the above occupational negligence, and the “radrat and tension” requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the witness C in relation to C’s legal statement;

1. The actual condition survey report and the report on the occurrence of traffic accidents, and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment led to a traffic accident that causes the damage vehicle by breaking the vehicle in the section where the change of course is prohibited.

The degree of violation of the defendant's duty of care and the degree of injury suffered by the victim are not easy.

(b) a victim;

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