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(영문) 서울북부지방법원 2014.05.20 2014고정1057

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 Bone Star Co., Ltd.

On February 10, 2014, the Defendant driven the above van around 18:00, and proceeded at a speed of about 40 km from the west-ro 113-lane in Seoul Special Metropolitan City, Nowon-gu at a speed of about 40 km from the west-ro to the west-ro.

At this point, there is a place where the center line of yellow-ray is installed and the road was sleeped, so there was a duty of care to ensure the safe operation of the motor vehicle by accurately manipulating the steering gear and operating the steering system for the motor vehicle.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering wheel and brakes, and caused the negligence of driving the central line to raid it, and received the front part of the DNA unclaimed cargo vehicle driven by the victim C(50 years old) driving from the opposite 1 lane to the opposite raid line, in front of the Defendant’s raid line.

As a result, the Defendant caused the victim C to suffer injury, such as salt c, which requires treatment for about two weeks, due to such occupational negligence, and at the same time caused the victim E (the 46-year-old) who is the passenger of the vehicle, to suffer injury, such as a cage cage cages No. 5, 6, and 7 on the right side necessary for treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to field portable photographs at the time of accident;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.