beta
(영문) 대구지방법원 경주지원 2014.12.24 2014고단753

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 B Poter cargo vehicles.

On August 4, 2014, at around 08:35, the Defendant driven the above cargo vehicle, and became to turn to the left at the left at the right angle of machinery from the inner section of the Gangseo-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ri

Since there is a signal, there was a duty of care to prevent accidents in advance by driving safely in accordance with good faith to a person engaged in driving service.

Nevertheless, the defendant neglected to turn to the left due to the negligence in violation of the signal and received a DNA cargo vehicle register operated by the victim C(64 years old) who was driving at the left to the left in accordance with the new code from the string machine room to the string side of the same cargo vehicle.

As a result, the Defendant suffered injury, such as an injury to the victim by his occupational negligence during approximately eight weeks of medical treatment, such as the left-hand slots.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual situation, a detailed survey report, a field photo, a photo of a person involved in a traffic accident, a statement by a person involved in a traffic accident, a report on the investigation (a estimate of the damaged vehicle and a written diagnosis by the victim,

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is serious to the degree of injury of the victim, it is so decided as per Disposition by taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, which can be known through records and arguments, such as the victim's age, happiness, family environment, and circumstances after committing a crime.