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(영문) 수원지방법원 안산지원 2019.09.26 2019고정511
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the BM5 vehicle volume.

On March 11, 2019, the Defendant driven the above vehicle at a speed of about 103.5 km at a speed of about 103.5 km from the side of the room to the side of the side.

It is a section of 70km/h with a limited speed of 70km, and at the time, it is difficult to 20% of the surface so that it should be operated at a limited speed of 56 km/h by accelerating 20%. In such a case, the driver has a duty of care to ensure that the driver is obliged to observe the restricted speed and to operate safely by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected to do so and found it late after using plastic blocking facilities at a one-lane in the front line of the mast in which the speed limit exceeds 47.5km/h, and had been set up on the left side of the above vehicle, while driving the steering gear to avoid it rapidly, and having been set up on the left side of the above vehicle.

Ultimately, the Defendant suffered injury to the victim C, who was accompanied by the foregoing occupational negligence, such as salt dump, tensions, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report;

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 to attract a workhouse;

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

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