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(영문) 의정부지방법원 2013.09.26 2013고정1933

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant is engaged in the business of operating a C-Fishing bus owned by the Defendant Company B.

At around 07:10 on April 7, 2013, the Defendant, at Yangju-si, proceeded with the right-way road of national highways No. 3 between Mabcheon-do, at the speed of 40 km speed from the government's side to east 40 km.

At this point, it was a straight line with the central separation cost of one lane, and there was a speed prevention threshold.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, show the right side, and safely drive the motor vehicle along the lane.

Nevertheless, in the course of neglecting this, the defendant neglected it to the right side by avoiding the speed limit, and again entering this lane, the defendant shocked the center separation zone on the left side due to hand and comparison with each other, and then gets into a traffic accident that conflicts with the E Committee of the victim D's driver's car quantity in a normal progress in the opposite direction.

As a result, the Defendant suffered from occupational negligence the injury of the victim D and the victim F, who is the chief passenger of the victimized vehicle, the driver of the victimized vehicle, each of the two weeks of the troupe, and the injury of the victim G, who is the back seated passenger, each of the two weeks of the troupe.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of the occurrence of each traffic accident in F and G;

1. A report on investigation;

1. Each written diagnosis;

1. The actual survey report on traffic accidents;

1. Application of six copies of an on-site photograph of a traffic accident;

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 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;