beta
(영문) 수원지방법원 2013.09.26 2013고단1315

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant was engaged in driving a C 15 tons truck owned by B (State).

At around 14:05 on December 20, 2012, when the Defendant proceeds to the left at a speed of about 20km at the speed of 10km at the speed of SinwonIC in the direction of SinwonIC, the Defendant, while neglecting his duty of care to ensure the safety of the course by checking and drive the front left well on the right side in order to avoid the numberless vehicles on which he had the same direction while driving the front at a speed without neglecting the duty of care, he gets on the right side in order to avoid the numberless vehicles on which he had the same direction while driving the front at a speed. By negligence, the Defendant, while driving the front at a speed with the right side of the D driving, which is parked at the right side of the central line, is shocking on the left side and proceeding as it is, as it is.

F driver's G left-hand side was shocked.

Due to the above shock, the above D Driving Vehicle has reached the first left-hand side of H Driving, which is parked on the right-hand side, and continuously, the said F Driving Vehicle has set up the right-hand side of J Driving, and the said F Driving Vehicle has shocked on the left-hand side of J Driving.

As a result, the Defendant, by negligence in the course of performing his duties, sustained injury to the victim F, such as salt, tensions, etc. in need of treatment for about two weeks, and injury to the victim H, such as catitiss that require treatment for about two weeks, and sustained injury to the victim, who is the same passenger of the above H driving vehicle, for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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;