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(영문) 대전지방법원 2016.09.08 2016고정847
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is engaged in driving of Eone Star or Cargo Vehicles.

On August 17, 2015, the Defendant driven the above vehicle at a speed of 2:50, and driven the three-lane road in front of the D, which is located in Daejeon Seo-gu C, Daejeon, at a speed of at least three-lanes from the upstream distance to the upperwest distance.

In such cases, the driver of a motor vehicle shall accurately operate the steering direction, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle, and there was a duty of care to report the traffic situation well and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and led the victim E (the 21 year old and South) who was in the atmosphere of the vehicle in front of the vehicle, to the front part of the vehicle. However, the Defendant moved to the front part of the designated cruise vehicle in front of the vehicle.

As a result, the Defendant caused by negligence on duty injury to the driver E (the 21st, South) of the damaged vehicle due to the climatic disease, climatic and other conical signboards disorder accompanied by the G (the 21st, female), H (the 20th, female), I (the 12th, and South)’s climatic disease certificate, and injury to the cliffa in need of the climatic treatment for three weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. A G statement (in the event of traffic accidents);

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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