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(영문) 대구지방법원 2018.05.24 2018고단438
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of Cunst Pacific Freight Vehicles.

On September 7, 2017, the Defendant driven the above cargo vehicle on September 20:45, and led to a point of 127 km from the Busan Fung-dong, Daegu-gu, to a single-lane from the Busan Fung-dong to the Seoul Fung-dong.

At night, there was a duty of care to prevent accidents in advance by thoroughly manipulating the steering gear and accurately manipulating the steering gear as a person engaged in driving of a motor vehicle at night.

Nevertheless, the Defendant was negligent in driving a vehicle by neglecting it at the front of the week while neglecting it, resulting in the victim D (37 tax) who was stopping one lane due to the preceding accident at the time, and followed the left-hand side of the passenger vehicle by the Defendant, and received the front part of the said cargo vehicle from the Defendant.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D, such as salt, tensions, etc. of the chills that need to be treated for about three weeks, and inflicted injury on the victim FF (hereinafter referred to as the “FF”) who was working on the back seat of a passenger car quantity for about three weeks, such as salt, tensions, etc. of the chills that need to be treated for about three weeks, and at the same time, damaged the amount of passenger car by obtaining approximately KRW 2,381,752 of the repair cost to the victim G (three years).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Five copies of a report on internal investigation, the scene of the accident, and the photograph of the vehicle involved;

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

1. 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The following circumstances and other ages of the Defendant for the reasons of sentencing in Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in the workhouse.

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