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(영문) 전주지방법원 군산지원 2018.07.04 2018고단205
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle of modern 4.5 tons of truck trucks.

On September 18, 2017, the Defendant driven the above cargo vehicle around 07:30, and proceeded at the speed of the three-lanes in front of the original apartment zone in the Ycheon-dong in the Yacheon-si in the Yacheon-si in the direction of the funeral funeral hall in the direction of the Yacheon-distance.

At the time, the E-Poter drive D(50 cm) in the front direction of the Defendant, when driving, was parked in the signal atmosphere, and thus, the Defendant engaged in driving service had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operating the steering gear while well-being the front direction and the left and right.

Nevertheless, the Defendant neglected this and proceeded with the loading of the above E-vehicle due to the negligence of the Defendant, and received the part of the Defendant’s driving in front of the said C-vehicle.

Ultimately, the Defendant suffered from the injury of the victim F (Ch. 49) who was on board the said E-cargo due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes governing the occurrence of traffic accidents, report on the actual condition of traffic accidents, investigation reports, field photographs, diagnostic certificates, and automobile insurance subscription certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is relatively minor.

Although the defendant is trying to reach an agreement with the victim, the contact point of the victim is not identified, it seems that the defendant did not reach an agreement.

The defendant has been punished for the same kind of crime, but is punished in 1991.

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