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(영문) 의정부지방법원 고양지원 2013.10.30 2013고단1363

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car B.

On April 2, 2013, the Defendant driven the above vehicle on April 17, 2017:20, while driving the vehicle, followed by one lane from the border to the center from the border.

In this case, a person engaged in driving service has a duty of care to properly operate the steering direction and brake system while maintaining the safety distance with the vehicle running ahead.

Nevertheless, it was found that the victim C(the age of 37) driven by the defendant while driving the vehicle in front of the vehicle in front of the vehicle in front of the defendant, and the above part of the off part of the vehicle in front of the defendant's vehicle was found to be late, and the above part of the off part of the vehicle in front of the defendant's vehicle.

As a result, the Defendant suffered from the victim’s pelpeluma, etc., which requires approximately six weeks of treatment due to such occupational negligence, and at the same time damaged the above peluma to the extent of KRW 1,324,00 for repairing expenses, such as back pentum exchange.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of C and E;

1. A traffic accident report;

1. Each photograph;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic 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;