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(영문) 수원지방법원 안산지원 2020.06.10 2020고정424
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 8, 2020, the Defendant driven the said car on February 19, 2020, and driven it at the speed of speed from the west to the wing-ro of the member C in Ansan-si.

Since there is a center line of yellow-ray, there was a duty of care to thoroughly see the front-out time for a person engaged in driving of a motor vehicle, and to protect the center line, and to not exceed the center line.

Nevertheless, the Defendant neglected this and went beyond the median line and received the front part of the passenger vehicle on the left side of the Defendant's driver's vehicle E-A3 driver's vehicle driving of Marina (30 years old) due to the negligence of going beyond the median line.

Ultimately, the Defendant suffered from an injury to the victim D by occupational negligence in light of the following: (a) the victim F (the 26-year-old) who was the passenger of the victimized vehicle suffered from an injury such as dynasium, tension, etc. in need of a medical treatment for about 10 days; and (b) the victim G (the 28-year-old) who was the passenger of the victimized vehicle suffered from an injury, such as dynasium and tension in need of medical treatment for about 2 weeks; and (c) the victim G (the 28-year-old) who was the passenger of the victimized vehicle suffered injury

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Each medical certificate; 1. On-site photographs;

1. Application of Acts and subordinate statutes on the image of damaged vehicles;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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