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(영문) 창원지방법원 진주지원 2021.01.12 2020고정71
교통사고처리특례법위반(치상)
Text

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

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 BM5 car.

On June 5, 2019, the Defendant proceeded at a speed that would not be known to E in front of D located in Hadong-gun C around 09:00 at the lower-dong police station.

There is a place where pedestrians walk on the side, and the front side of the defendant was the victim F (57 e.g., the right side from the left side of the defendant's running room, so the driver of the motor vehicle has a duty of care to prevent accidents by reducing speed and operating the steering gear and brakes accurately and safely.

Nevertheless, the defendant neglected to do so and went through the part of the back wheels of the driver's seat of the above car.

As a result, the Defendant suffered from the Defendant’s negligence in the above occupational negligence that caused injury to the victim, such as a sash that does not cause damage to a saw that requires treatment for about two weeks.

Summary of Evidence

1. Legal statement of F;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on a traffic accident, report on the occurrence of a traffic accident, and report on internal investigation (No. 10, 13, 18, 22 No. 10, 12);

1. As a result of inquiry into the facts related to the victim's intention, on-site confirmation of the traffic accident [the defendant and his/her defense counsel asserts that there is no sufficient fact that the defendant has a shocked the victim, but the victim consistently states the circumstances of the accident from the investigative agency to this court, and the evidence duly adopted and examined by this court also conforms to the above statement. As such, since the defendant suffered bodily injury by causing the accident of this case, the above assertion cannot be accepted] legal application

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Act on Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act, and Article 1.

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