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(영문) 의정부지방법원 2020.08.24 2020고단2154
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a propelled vehicle B.

On December 13, 2019, the Defendant driven the above car on December 13, 2019, and led the two-lane road in front of the D kindergarten located in the Dongbcheon City, Dongcheon-si, to proceed at a speed of 91km per hour from the direction of the general playground to the direction of the sports complex.

At this point, there is a duty of care to prevent accidents by complying with the speed limit and driving safely by ensuring that the speed limit is 50km per hour and 3-distance crossing.

Nevertheless, the Defendant neglected this and failed to enter the intersection from the left-hand side of the proceeding direction to turn to the left-hand side of the victim E (the age of 71) who was driving the fK5 taxi and left-hand at the speed exceeding 41 km, and received the front part of the above K5 cab as the front part of the above frid car.

As a result, the Defendant suffered injury, such as 'exploiting down a left part of the hand,' which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A victim statement of E;

1. The inspection report on actual condition of traffic accident and the analysis and appraisal report on traffic accident, the confirmation of a suspect's black stay images, and CCTV images;

1. On-site photographs, etc.;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant, by negligence, who proceeded with a speed exceeding 41 km, was shocked to the damaged vehicle by entering the intersection first and making a left turn.

In light of the degree of damage of the damaged vehicle and the fact that the Defendant’s vehicle was reversed after the collision, the shock of the instant accident.

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