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(영문) 대구지방법원 2019.06.25 2019고정213

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

On September 5, 2018, the Defendant driven the above vehicle on September 10, 2018, and continued to cross-sections of Sungbuk-dong, Daegu Northern-gu, to cross-sections.

Since the passage of a vehicle is frequent, a person driving a vehicle has a duty of care to secure the necessary distance to avoid the collision with the vehicle ahead in preparation for the sudden stop of the vehicle behind the vehicle ahead in the same direction.

그럼에도 불구하고 피고인은 이를 게을리 한 채 진행한 과실로 피고인 차량 앞에서 차량정체로 인하여 급정지한 피해자 C(여, 53세) 운전의 D 코란도C 차량의 운전석 뒤 문짝 등을 피고인 운전의 차량 우측 부분으로 들이받았고, 그 충격으로 위 코란도C 차량이 튕기면서 그 앞에 정지해 있던 피해자 E(50세) 운전의 F 렉스턴스포츠 차량 뒤 범퍼 부분을 재차 들이받게 하였다.

Ultimately, the Defendant suffered injury to the above victims C, such as brain salvin, which requires a medical treatment for about three weeks, injury to the victim G (V, 61 years old) and the victim H (70 years old), respectively, by occupational negligence, to the victim G (V, the passenger of the Copi) and the victim H (V), for about three weeks of medical treatment, and to the victim I (V, the passenger of the above victim E and spton sports vehicle) (V, the age 47 years old), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report on traffic accidents;

1. Photographs of an accident vehicle;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning the facts constituting the crime; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.