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(영문) 대구지방법원 김천지원 2019.05.16 2019고정74

교통사고처리특례법위반(치상)

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Defendant shall be punished by a fine of KRW 4,000,000.

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 a Raba and a joint passenger vehicle B.

On January 22, 2019, at around 10:45, the Defendant proceeded with D nearby roads in Kimcheon-si, Kimcheon-si, in the name of Kimcheon-do.

Since there is a center line of yellow-ray, the driver has a duty of care to ensure that the driver is engaged in driving thoroughly and safely operate the car line.

Nevertheless, the front part of the victim E(the age of 49) driving, which was driven in normal conditions due to the negligence of the driver's negligence while neglecting this, was received as the front part of the Defendant's driver's car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim, knee, knee, and tensions in detail, and the injury to the victim G (the 52 years old), who is a passenger of rocketing car, about two weeks of treatment, such as knee, knee, knee, and tension, and the injury to the victim H (the 56 years old), as well as the injury to the knee, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site photographs and on-site survey reports;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of a medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

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