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(영문) 서울서부지방법원 2014.07.17 2014고정765

교통사고처리특례법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On April 2, 2013, the Defendant driven the above vehicle on April 11, 201:30, and driven the Masanbuk-dong, Mapo-gu, Seoul, at the speed of about 50 kilometers a speed of 50 kilometers a speed, depending on the five-lane distance from the direction of the Mayang-dong, Seoul to the Masan-dong.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear, brakes, etc. of the motor vehicle and to prevent accidents by safely driving the motor vehicle, such as securing a safe distance to avoid driving when the motor vehicle in front stops or drives slowly.

Nevertheless, the Defendant neglected this and proceeded in front of the collision when he was negligent in driving on the front at the time without examining the front door of the vehicle, and received the part behind the DaM5 car driven by the victim C (the age of 34) from the front part of the Defendant’s vehicle, which was driven by the victim E(the age of 34) and stopped in front of the above damaged vehicle due to its shock, and received the front part of the part behind the FMF5 car driven by the victim E(the age of 31) who was driven by the victim E(the age of 31).

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the victim C suffers from the sallle, etc. of the bones of neck, which requires approximately two weeks of medical treatment, and the salute salkite, etc. requiring approximately three weeks of medical treatment to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident by E and C;

1. A traffic accident report;

1. Investigation report (on-site photographs and reports);

1. Each investigation report (as regards the diagnosis report - the application of laws and regulations in E and C).

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crimes, and Article 268 of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

1. Aggravation for concurrent crimes;