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(영문) 수원지방법원안산지원 2020.11.27 2020고단3438
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of eight 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 benz car.

On June 1, 2020, the Defendant driven the above car at around 18:10, and came to turn to the left at about 10 km from the coast to the right of left at the speed of about 10 km along a one-lane road in front C at C at C interest.

At that time, there was an intersection with signal lights, so in such a case, it was well aware that there was a vehicle passing through the intersection, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system according to the new code.

Nevertheless, the Defendant neglected to make a left turn to the front part of the Efran vehicle driven by the victim D (Efrane, 50 years old) driving from the direction to the coast according to the Mafin signal due to negligence going to the right turn to the front part of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the pressure to close a scarcity which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a report on the occurrence of a traffic accident, an accident site photograph, and a signal cycle tag;

1. Investigation report (vehicle B Track images);

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

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is heavier than the Defendant’s violation of the Defendant’s duty of care, and the victim suffers from the injury. However, considering the fact that the victim agreed to pay KRW 8 million to the victim, the damage was recovered in certain parts due to the purchase of a comprehensive insurance, and there was no penalty power.

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