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(영문) 대구지방법원 의성지원 2020.05.07 2020고단71
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Modern Epic Trac Track.

On January 11, 2020, the Defendant driven the above cargo vehicle around 08:22, and proceeded at a speed of about 30 km from the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-gun, to the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-gun, to the speed of about 114 km at a speed of about 30 km.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the person engaged in driving service in accordance with the signals by reducing the speed of the person engaged in driving service and by properly examining the right and the right.

Nevertheless, the Defendant neglected to do so, while proceeding with the front signal while being red, was driven by the victim D(70 years of age) who proceeded with the long distance from the opposite side to CF in accordance with the straight line from CF to CF, and was driven by the victim D(70 years of age). The front right part of the EF II, which was driven by the victim D(70 years of age), was placed on the left part of the front part of the said Hyundai Hefctor Cargo.

Accordingly, the Defendant caused the victim F (the 66 years old) who was on the part of the cargo Ⅱ by occupational negligence to suffer from the injury, such as a dubation of dubs, which requires around 10 weeks of treatment to the victim D, and the victim F (the 66 years old) who was on the part of the cargo Ⅱ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the actual condition survey report, the accident site photograph, and each medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 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. 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. The sentencing factors indicated in the argument of this case, such as the defendant's age, environment, character and conduct, motive of crime, means of crime, result and circumstances after the crime, etc., are considered as follows in light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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