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(영문) 수원지방법원 2018.08.10 2018고정1008
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 drives B-II vehicles as his duties.

On March 4, 2018, the Defendant driven the above vehicle at around 11:03, and got straight at the speed of the U.S., depending on the two-lanes in front of the D shooting distance in Osan City, Osan City.

Since there is a signal, a person engaged in driving service has a duty of care to proceed in accordance with good faith by checking the right and the right of the signal.

Nevertheless, the Defendant neglected to do so, due to the negligence of the violation of the signal signal in the stop No. 1, and caused the victim E (the 51-year-old driver) who is making a left-hand turn from the left-hand side of the vehicle driving direction of the Defendant, to the right-hand left-hand turn in accordance with the normal left-hand turn.

Ultimately, the Defendant caused the Defendant’s injury to the victim, such as knee, knee, and both sides, which require approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G medical certificate;

1. The application of Acts and subordinate statutes to a survey report on actual condition, report on the occurrence of traffic accidents, and medical certificate;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not include the nature, degree, and degree of the violation of the duty of care in this case. However, considering the following factors: (a) the Defendant was the first offender; (b) made efforts to rescue the victim and recover damage immediately after the accident; and (c) agreed with the victim through an insurance company.

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