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(영문) 수원지방법원 2019.01.15 2018고단6056
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 driving freight B and B.

On July 21, 2018, the defendant driving the above cargo vehicle around 14:41, and proceeded three-lanes of the four-lane road in front of the Suwon-si, Suwon-si, Suwon-si, with the water source comprehensive playground.

At the same time, the speed limit is 60 km per hour, and the victim D(the age of 47) driver's cruise car was in the air traffic signal at the front of the road, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by complying with the speed limit and thorough operation at the front of the road.

Nevertheless, the Defendant neglected this while driving at a speed exceeding 28 km a speed of 88 km per hour, and was negligent in the course of business that led to the pertinent cruise vehicle behind the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the 9, 10 scarkes, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report and an accident-related photograph;

1. CDAs (boxboxes, images and photographs);

1. A comprehensive analysis of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to 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. The instant accident with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the Defendant, while driving a limited speed exceeding 20km a speed of 20km per hour by negligence, caused a traffic accident that shocks the damaged vehicle in the front direction of the signal in the front direction, resulting in the victim’s injury. The Defendant’s negligence of driving a vehicle in considerable excess of the restricted speed cannot be deemed to be negligible, and the Defendant’s negligence of driving a vehicle in the front direction shall not be deemed to have suffered serious injury.

(b).

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