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(영문) 대구지방법원 안동지원 2014.01.07 2012고단1279

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a car of the interview hall owned by B.

On August 26, 2012, around 06:50, a driver's license of the vehicle was set down in front of the household shooting distance from the front side of the vehicle at Ansan-si, without a driver's license of the vehicle, and if the said vehicle was to be carried out as a job in the direction of the operation of the vehicle in the direction of the operation of the vehicle at the port, the vehicle is a place where traffic is controlled by the signal apparatus, and as such, there is a duty of care to safely drive the vehicle in accordance with the new subparagraph, and there is a negligence of neglecting the duty of care to safely drive the vehicle in compliance with the new subparagraph, and at that time, the full right side of the victim D (5 years old) Special Emergency

Ultimately, due to its shock, the victim suffered injury such as salt, fluor, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report (including photographs);

1. Application of Acts and subordinate statutes to a report on investigation (this case’s license register and signal cycle tag appended to the suspect);

1. Relevant legal provisions concerning criminal facts, the proviso to Article 3 (1), Article 3 (2) 1 and 7 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;