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(영문) 수원지방법원안산지원 2020.11.13 2020고단3215
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five 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 Switzerland car.

At around 19:45 on April 26, 2020, the Defendant proceeded at a speed of 74.8 km each hour at a speed of 74.8 km in accordance with two lanes from the area of the license examination site in Ansan-si, Ansan-si, Ansan-si, Ansan-si.

Since there is a road with a restricted speed of 50km per hour, the driver of the vehicle has a duty of care to observe the restricted speed to those engaged in driving, to see the right and the right and the right, and to prevent the accident by driving safely.

Nevertheless, the defendant neglected this and caused the victim D(77 years old, south) who walked to the right side of the defendant's vehicle by negligence of driving the speed of about 74.8 km at a speed of about 74.8 km.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral cerebrovassis and cerebral cerebral cerebral injury, etc. which require medical treatment for about twenty weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Statement to E by the police;

1. A traffic accident report (1), (2), relevant photographs, and the occurrence report of a traffic accident;

1. Investigative report (involving the results of the traffic accident analysis), traffic accident analysis report, etc.;

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

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

1. Although the defendant's negligence is not weak and the degree of damage is very serious, considering the fact that the victim was walking the roadway in the place where it is difficult to anticipate the existence of pedestrians at night, the main cause of the accident occurred, the victim agreed smoothly with the victim, and the fact that there is no criminal penalty power.

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