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(영문) 춘천지방법원 강릉지원 2013.06.19 2013고단182

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C25 tons dump trucks.

At around 08:50 on February 28, 2013, the Defendant was to drive the national highway No. 38, at the entrance of tombstones, which was arranged in order to be a dump truck, from the Do-Eup to the sump truck on the surface of the sump truck.

A person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in preparation for the cases where the vehicle is parked rapidly and the safety distance with the front vehicle is secured.

Nevertheless, the Defendant neglected to perform his duties and caused the injury of a dump truck in front of Defendant truck to a dump truck in front of Defendant truck, which caused the injury to the victim D(66 years old) with a string wall that requires approximately 4-day medical treatment to the victim D(65 years old), such as a sump sump sump sump sump sump sump sump sump sump sump sump sump sump sump sump sump sump sump sump sump in front of the truck, and suffered about 6-day medical treatment to the victim G (67 years old) who was accompanied by the same vehicle, such as a sump sump sump sump sump in need of medical treatment for about 6-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of each actual survey report, traffic accident occurrence report, field photograph, statement on the occurrence of each traffic accident, and each medical certificate to Acts and subordinate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest penalty);

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. The defendant's reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which affected the victims by negligence committed the central line.