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(영문) 수원지방법원 2015.05.14 2015고정12

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving a BM5 vehicle in the course of business.

On May 5, 2012, when the Defendant driven the above vehicle at around 18:10, while driving the said vehicle, and led to the flow of the traffic distance intersection in the course of inciting the right of the area of the Suwon City, from the boundary of the agricultural and fishery products market to the non-speed speed. In such cases, the Defendant had a duty of care to check and proceed with the temporary suspension prior to the entry into the right of the right of the passage, or the traffic situation of the intersection, and to check the safety of the passage.

Nevertheless, the Defendant neglected this and destroyed the damaged vehicle so that the victim C (the aged 26) is driving on the right side from the left side of the course due to the normal signal due to the negligence in the course of bypassing the vehicle, and the head part of the operation of the XG car volume was received by the victim as the front part, and damaged the damaged vehicle, and the victim E (the aged 23) who took the part of the damaged vehicle requiring approximately 10 days medical treatment for about 64,400 won, and suffered the injury of the damaged vehicle, such as the injury of the flusium that requires about 10 days medical treatment, and the victim E (the aged 23) who took the part of the damaged vehicle.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Each written diagnosis and written estimate;

1. The credit bureau and the mandatory insurance association;

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement 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 (1) 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;