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(영문) 대전지방법원 서산지원 2016.01.05 2015고정294

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving B concrete mixed trucks.

On July 19, 2015, the Defendant driven the above truck on July 11:47, 2015, and continued to drive it at a speed of about 60km from the end of the arms to the west at a speed of about 60km in speed.

Since there is a place where the passage of vehicles is frequent and the center line of yellow lines is installed on a long-distance road, there is a duty of care to reduce the speed for persons engaged in driving service and accurately operate the steering direction and brake system and to safely drive the vehicle in compliance with the rules of duty.

Nevertheless, the Defendant neglected to stop at a speed without reducing the speed, caused the said truck to lose the center of weight and go to the left-hand side of the driving direction, and caused the failure of the central line to dwing off on the opposite lane to the traffic signal, and got the front part of the freight driving of the victim E (52 years old) who was stopped for the signal waiting at the center of the traffic line, and got the front part of the freight driving of the victim E (52 years old) who was parked after the said cargo, and got the front part of the freight driving as the rear part of the said freight vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as the left-hand pelle executives in need of approximately 14 weeks of medical treatment, the injury to the victim E, such as salt pelle of the species before the light that require approximately 3 weeks of medical treatment, and the injury to the victim G (V, 50 years of age) who was on board the above F-wing-pon cargo vehicle with approximately 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. The actual investigation report on traffic accidents;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Optional penalty: