beta
(영문) 부산지방법원 2014.09.29 2014고정3209

업무상과실일반교통방해

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 22, 2013, the Defendant, who is engaged in the transportation and delivery service of cargo vehicles C4.5 tons under the wife B, was driving the above vehicle at around 07:10 on October 22, 2013 to enter the Gangseo-dong, Yongsan-gu, Seoul, Seocheon-gu, Seoul.

At present, it is a high-priced road extension project and the only primary road that enters the direction of the riverside North Korea, and it is a frequent place of general traffic. Therefore, the defendant has a duty of care to drive safely.

Nevertheless, the Defendant neglected this and neglected to drive the remaining sub-motor vehicle with the driver's seat of the driver's vehicle, and the sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motor vehicle's sub-motorized wheel

Ultimately, the Defendant, by the above occupational negligence, obstructed the passage of a majority of vehicles that passed the above road for about 2 hours and 20 minutes from that time until 09:30 of the same day, thereby obstructing the passage of the road on land.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1, 2);

1. A traffic accident occurrence report;

1. A report on internal investigation:

1. Application of each statute on photographs;

1. Article 189 (2) and Article 185 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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;