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(영문) 의정부지방법원 2020.10.22 2020고정1291
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 driving a liquid sports vehicle B.

On June 27, 2020, the defendant driving the above vehicle around 19:01, and driving the ridge 518-9 in the steering area in Namyang-si, Namyang-si, Seoul, with two lanes in the two-lanes in Seoul, and changed the course into one lane.

Since there is a white line to prohibit change of course on the surface of a road on a bridge, the driver of the vehicle has a duty of care to safely drive the vehicle without changing course.

Nevertheless, the Defendant neglected the above duty of care and neglected the course from a two-lane to a one-lane, thereby changing the course from a two-lane to a one-lane, and received the part on the right side side of the victim CBR600R driving 24 years old 24 years old 24 years old 24 years old 24 years old.

In the end, the Defendant suffered injury, such as the “infection of the outline” in need of medical treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. C’s statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant acknowledges the facts charged of this case late; (b) the degree of injury suffered by the victim seems not to be much serious; and (c) the Defendant is the first offender who has no previous criminal record.

However, the crime of this case is attributable to the negligence of changing the course of the road on the bridge where the defendant is equipped with white solid lines prohibiting change of course.

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