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(영문) 대구지방법원 김천지원 2013.03.22 2013고정73

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 the vehicle driving of Ireland.

On September 2, 2012, at around 20:0, the Defendant moved to the right of a tax office and a private street in the Dong of the Sinsi-si, Sinsi-si from the lot area of the Gunuri-si to the Gunsi-si bank.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to check whether there is a vehicle that reduces the speed prior to the right-way and crosses the motor vehicle, to look well at the right-way and safely drive the motor vehicle to prevent the accident.

Nevertheless, the Defendant neglected to do so and received the left-hand turn with the signal from the Gu-U.S. room in the U.S. room, the Defendant was able to take part of the victim C(34 years of age)'s driving after the right-hand side of the car, and then received the part in front of the left-hand side of the freight vehicle.

The Defendant, by such occupational negligence, suffered injury to the victim C, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, injury to the victim E (the 35 years old), who is the passenger of the above Abdon XD car, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and injury to the victim F (the 4 years old), who is the passenger of the above Abdon XD car, suffered from the injury of knee mae in need of medical treatment for about two weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

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

1. Article 3 (1) 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 Concurrent Crimes;

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;