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(영문) 대전지방법원 서산지원 2020.05.28 2020고정66
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 the W125EX2 driving of a motorcycle.

On May 28, 2019, the Defendant driven the above motorcycle on May 19:45, 2019, and driven it along the two-lanes in the direction E from the Myeoncheon to the two-lane.

Since there is a place where traffic control is not carried out through an intersection where yellow dust is installed, there was a duty of care to check whether there is another vehicle entering the intersection by reducing the speed or temporarily stopping and checking whether there is another vehicle entering the intersection and drive safely.

Nevertheless, the Defendant neglected this and proceeded to turn to the left from the direction of the F apartment in the direction of the Myeon, which was the victim G (Y, 62 years old) driving in the direction of the F apartment, received the front part of the driver's license in front of the left part of the H H horse car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., of the neck that requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. CCTV images;

1. The actual survey report and on-site photographs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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