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(영문) 대전지방법원 서산지원 2019.09.05 2019고단306
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 new frequency truck B.

On February 1, 2019, at around 12:15, the Defendant driven the above vehicle at the intersection of the private distance in front of the Seosan City, thereby driving the said vehicle at the direction of the head of D 2-Gun Gu on the surface of the Gu.

Since there is a private distance intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to reduce the speed to the driver of the motor vehicle and to safely drive the motor vehicle according to the new code after saving the front and rear left.

Nevertheless, due to the negligence that the defendant neglected this and proceeded with the moving direction signal even though it was red, the part of the Fchip drive of the victim E(the age of 66) driving driven by the victim E(the age of 66) in the left-hand side from the driving direction of the vehicle to the left-hand side was shocked by the front-hand part of the vehicle operation of the defendant.

Ultimately, the Defendant suffered, from the above occupational negligence, from the victim G (G, 27 years of age) who was on the part of the injured vehicle, the injury of the internal pressure and the skin loss in need of approximately three weeks of medical treatment, the injury of the victim H (H and 28 years of age), the damage of scambry, scambling, etc., which requires approximately ten weeks of medical treatment, and the injury of the victim I (5 years of age) who suffered about 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared by E;

1. A traffic accident report;

1. Each general medical certificate (E, H);

1. Each written diagnosis (G, I);

1. Application of Acts and subordinate statutes governing accident site photographs;

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

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)1 of the Criminal Act for the detention of a workhouse;

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