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(영문) 대구지방법원 2018.11.29 2018고정924

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On June 12, 2018, the Defendant driven the upper vehicle at around 14:25, and driven the upper vehicle at around 13:0,000, in the direction of the city in Busan Metropolitan City, one lane between 133 and 3:0,000, in the direction of the city.

At this point, the center line of yellow solid lines is located, and in such a case, there was a duty of care to prevent accidents in advance by safely driving on the lane and driving on the road to a person engaged in driving service.

Nevertheless, the Defendant neglected this and got the front portion of the Victim D(58) E-Poter Cargo of the victim D(58) who was waiting in the traffic signal at one-lane opposite to the traffic signal at the center of the central line due to negligence, and got the front portion of the victim F(28 years old) driving when the victim F(28 years old) who was waiting in the traffic signal. The Defendant got the front portion of the victim F(28 years old) driving when the victim F(58 years old) was waiting in the traffic signal.

Ultimately, the Defendant suffered, by such occupational negligence, approximately two weeks of injury to the victim D, the injury to the fluoral base and tension that requires approximately two weeks of treatment to the victim F, the injury to the victim H (Y, 48 years of age) who was on board the damaged knife car, and the injury to the fluoral base that requires approximately two weeks of treatment to the victim H (S, 48 years of age) who was on board the damaged knife car, and the injury of the fluoral base that requires approximately two weeks of treatment to the same I (59 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Selection of an alternative fine for punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing Article 62-2 of the Criminal Act are as follows.