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(영문) 대구지방법원 의성지원 2015.04.09 2015고단14

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment without prison labor for a period of four months and a fine of two hundred thousand won.

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

Reasons

Punishment of the crime

Defendant

A is the driver of the cargo vehicle B.

1. A driver of a vehicle in violation of the Road Traffic Act shall obtain permission from the chief of a police station having jurisdiction over the place of departure in cases where he/she intends to load and operate cargo in excess of

Nevertheless, at around 01:15 on November 16, 2014, the Defendant operated the cargo vehicle with loaded freight exceeding safety standards (54cm in length, 400cm in width, 405cm in height) without permission from the chief of the police station on the national highway No. 28, the Dong department, Dong department, Dong department, Dong department, Dong department, Dong department, 28.

2. On November 16, 2014, around 01:15, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) was in the interest of Dong-ro, Dong-ro, Dong-ro, and 28 national highways of the Gyeongcheon-si; and (b) was in the interest of Dong-ro, Dong-ro, Dong-ro, and Dong-do.

At this point, the driver has a duty of care to avoid overcoming the center line by passing along the right side of the road.

Nevertheless, the Defendant neglected to load and operate the cargo 400 cm in width on a road with a width of 320 cm, while driving the cargo 400 cm, the Defendant got the front part of the victim C(44 years old) driver's vehicle driving on the opposite line due to the negligence of the central line, and got the front part of the said cargo driver's vehicle - the victim E(45 years old) driver's vehicle - the front part of the said cargo driver's vehicle was followed by the cargo vehicle.

As a result, the Defendant suffered injury to the victim C, such as scambling, which requires approximately eight weeks of medical treatment due to occupational negligence as above, and the victim E suffered injury, such as scambling, etc., for about ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. A report on internal investigation (in relation to the change of 1 or 2 vehicles), and a report on internal investigation (in relation to the submission of one motor vehicle registration certificate);

1. Photographs, photographs (F strings, black boxes, and photographs (portable motion pictures) related to traffic accidents;

1. Each written diagnosis of E and C.