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대전지방법원 2014.01.08 2013고정2249

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 27, 2013, the Defendant was sentenced to a suspended sentence of one year for six months in the Daejeon District Court for a violation of the Punishment of Violences, etc. Act (joint coercion), and the said judgment became final and conclusive on July 5, 2013.

On February 20, 2012, at around 08:50 on February 20, 2012, the Defendant is a person who is engaged in driving the vehicle B in the quantity of a car, and, at the same time, the Defendant driven the above vehicle and driven the vehicle behind the third-distance of the death movement in the Daejeon Pungdong, from the east-dong to the west-dong, along with the two-lane speed of about 20km in speed.

In this case, there was a duty of care to safely proceed with driving service workers by taking into account the traffic situation on the left and right right.

Nevertheless, the Defendant neglected to do so and found the volume of the victim C's D's D's car that was driven prior to the failure to neglect it at the front time, and received the Defendant's driver's vehicle back to the backer of the damaged vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks due to the above occupational negligence, and at the same time damaged the above damaged vehicle in a way that its repair cost of KRW 595,580, such as backpers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Photographs;

1. Previous records: Inquiry report, report on the results of confirmation of the previous dispositions, the results of inspection of the Konet case by this court, and the application of Acts and subordinate statutes to the written judgment;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;