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(영문) 대구지방법원 서부지원 2016.11.16 2016고정880

교통사고처리특례법위반(치상)

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 drives one ton cargo vehicle B.

On July 2, 2016, the Defendant, at around 08:05 on July 2, 2016, operated a two-lane farming street in front of the village located in the Shinan-ri as well as a two-way direction from the opening side.

In such cases, since there is a center line of yellow solid lines, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in a correct manner.

Nevertheless, the Defendant did not discover a DNA passenger bus driven by the victim C (Nam, South and 71) who was driving in the direction of a new post, the left-hand side from the straight distance, the right-hand side of the Defendant’s vehicle running on the side of the farm road, and did not discover a DNA passenger bus, and conflict with the part adjacent to the right-hand side of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence as seen above, sustained injury in need of two weeks of medical treatment, such as knee’s open room for kneee, etc. to E (V, 65 years of age), to F (V, 82 years of age), and to G (V, 74 years of age), to the same G (V, f4 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident site;

1. Application of the respective medical treatment certificates of E, F and G Acts and subordinate statutes;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the degree of negligence of the accused under Article 334(1) of the Criminal Procedure Act is more severe, the accused has no specific criminal power except once a fine has been imposed for an old time, and considering the characteristics of the accident points where the roads are running along the farm road, the roads shall be cut off.