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(영문) 대구지방법원 2017.01.25 2016고정2562
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On September 17, 2016, the defendant driving the above taxi around 08:25, and driving it into the Daegu-gu IC room in the Daegu-gu Dong-gu C, Daegu-gu.

At the time, the low-water surface was milched and the speed limit is 70 km speed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and by accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant neglected to stop on the road at a speed exceeding 26 km, and got the boundary of roadside trees, roadways, and India, which were located on the right side of the Defendant’s running direction, was placed in front of the Defendant’s driving taxi.

Ultimately, the Defendant suffered from the injury of the victim E (n, 63 years of age), who was a passenger of the above taxi due to the foregoing occupational negligence, such as a flat flat flat, in which approximately five weeks of treatment is required, and the victim F (n, 60 years of age) who is the passenger, suffered from the injury, such as a flat flat flat flat flat, etc. which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on the site, and vehicle photographs;

1. Driving logs and photographs of the highest speed signs;

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

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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