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(영문) 의정부지방법원 고양지원 2013.07.17 2013고정642

교통사고처리특례법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM car.

On October 14, 2012, the Defendant driven the above vehicle at the speed of 19:50 on October 14, 2012, and proceeded four lanes in front of the mountain village 10-lane in Yongsan-gu, Busan Metropolitan City, Seosan-si, with about 35 KK at the speed of Si, depending on one lane from the vicinity of the mountain village.

In the same direction as at the time, the victim D (the age of 33) was followed by the E-Ra system that is driven by the victim D (the age of 33), so the person engaged in driving service was well aware of the situation, and there was a duty of care to secure and proceed with the safety distance that can be avoided when the vehicle stops.

Nevertheless, the Defendant was negligent in driving a vehicle in the vicinity of the Defendant’s vehicle due to the negligence of driving the vehicle in the vicinity of the Defendant’s vehicle in front of the Defendant’s vehicle, and the part behind the passenger vehicle driven by the victim D while stopping in front of the Defendant’s vehicle was received as the front part

Ultimately, the Defendant caused the injury to the victim D in the above occupational negligence for about two weeks, caused the injury to the victim FF (the age of 33) who was on the part of the damaged vehicle for about two weeks, caused the injury to the drilling base requiring approximately two weeks of medical treatment, and damaged the victim G (the age of 4) who was on the same vehicle to suffer about KRW 720,100 at the cost of repair, such as the exchange of the damaged vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Written estimate;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

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

1. The Criminal Procedure Act;