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(영문) 대구지방법원 2016.01.28 2015고단4989

교통사고처리특례법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a cargo vehicle of C1 ton.

On July 21, 2015, the Defendant driven the above cargo vehicle at around 10:20, while driving the vehicle at around 10:20, while driving the vehicle at around 10:0,00, the Defendant proceeded from the port of Ulsan to south, if the Defendant is the one who is the one who is the one who is the one who is the one of the two-lanes road

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that drivers are engaged in driving thoroughly and safely operate the wheel line.

Nevertheless, the Defendant was driven by the victim D (30 tax) who was frighting from the opposite direction of the Defendant’s course due to the negligence of the central line, and was driven by the Defendant with the front part of the 4.5 tons of cargo vehicles E 4.5 tons, which was driven by the Defendant, as the front part of the 1 ton cargo vehicles.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment, and injury to the victim F, who is the passenger of the above one ton cargo driven by the Defendant, to whom approximately six weeks of medical treatment is required for the victim F, who is the passenger of the above one ton cargo driven by the Defendant, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

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 and Special Cases concerning the Selection of Punishment for Crime; Article 268 of the Criminal Act;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, upon which the Defendant committed the instant accident, was invaded by the central line, and some of the victims suffered injury.

However, the fact that the defendant is against the defendant, that the victim D only agreed with the victim, that the victim F does not want the punishment of the defendant, that the vehicle is covered by a comprehensive insurance.