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(영문) 서울중앙지방법원 2020.10.08 2020고정1152
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a multilateral cargo vehicle B.

On February 15, 2019, the Defendant driven the above vehicle at around 12:20 on February 15, 2019, and, at the end of 54-ro 1 in Jongno-gu Seoul Metropolitan Government, the ero 54-ro 1 in the ero ero 2 in the parallel direction from the ero ero ero 2 in the direction of Sejong to turn to the left

At the same time, the two-lanes are two-lanes to the left, and the three-lanes are two-lanes, so a person engaged in driving service has a duty of care to safely drive the vehicle and prevent accidents by safely driving it at the first and second lanes.

Nevertheless, the defendant neglected this and went to the left at a three-lane and went to the left at the intersection due to the negligence of entering the intersection and leaving the left at the two-lanes, and the part of the D-si chief stoper which was driven by C (the age of 63) was shocked by the left side of the vehicle operated by the defendant.

After all, the Defendant sustained injury to the victim E (30 years of age, female) and the same victim F (55 years of age, female) who boarded the damaged vehicle due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. The application of the Act and subordinate statutes to the investigation report of video records of the defendant's legal statement E and the F's report on the occurrence of each traffic accident by a medical certificate, each of which is a diagnosis of the actual condition of the traffic accident;

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

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary 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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