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(영문) 대구지방법원 2014.06.18 2014고정354

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

Punishment of the crime

On June 7, 2013, around 14:15, the Defendant driven 1 ton B chip truck, and led to a two-lane road in front of the 1791-1, Daegu-gu, Daegu-gu, at a speed of about 40km in the direction of the spoke distance from the permanent hospital distance.

In such cases, a person engaged in driving service has a duty of care to ensure safety distance that can be avoided if he/she stops well before the same lane.

Nevertheless, the Defendant neglected this and driven an excessive close-down driver, and the DKaren car of C (L, 58 years old) driving prior to the start-up was temporarily stopped in accordance with the new code, and thereafter saw it as soon as possible, but did not go short, and then saw the spread to the front-down.

Therefore, the Defendant suffered injury to the victim C, such as a scarcity for about three weeks, and a her husband E (year 73) who was on the back seat of the damaged vehicle, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement of persons related to E traffic accidents;

1. Application of a traffic accident report, on-site map, actual condition survey report, accident site and vehicle photograph, diagnosis report (C), diagnosis report (E), diagnosis report (C) and additional diagnosis report-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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. 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;