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(영문) 대전지방법원 2017.03.17 2017고정85

교통사고처리특례법위반(치상)

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 Cone Star Co., Ltd.

On August 19, 2016, the Defendant driven the above vehicle at around 08:45, and followed the other vehicle at a speed of about 40km from the fourth distance between the parallel of the year to the speed of about 40km from the parallel of the year.

In such cases, the driver has a duty of care to ensure and proceed with the safety distance that can be avoided when the driver stops the vehicle well.

Nevertheless, the Defendant neglected to operate the vehicle in close vicinity by negligence and received the part behind the Defendant’s driving vehicle behind the E-Sa car, which was under way in front of the same direction.

Ultimately, the Defendant suffered from the injury of the victim F (V, 46 years of age) who was on board the Defendant’s driving vehicle due to the foregoing occupational negligence, such as the chest and tension for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;