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(영문) 대구지방법원 김천지원 2013.06.14 2013고정285
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BM5 vehicles.

At around 15:00 on October 27, 2012, the Defendant driven the said car on the road front of the Haart, which is located in the Sinsi-si, Sinsi-si, and led to the flow of the said car from the Gu Pyeong-dong.

In such cases, the defendant engaged in the driving of motor vehicles has a duty of care to check the safety of the course by checking the right and the right and the right of the motor vehicle, and to prevent accidents in advance.

Nevertheless, the defendant's negligence, which led to the failure of the defendant, conflicts with the parts of the D-Towing Vehicle of the victim C(37 years old) who was waiting for the above vehicle to the front driver of the vehicle.

Ultimately, the Defendant caused injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks due to such occupational negligence, and at the same time damaged the towing vehicle owned by the victim (the victim) Han Gerenk to have an amount of KRW 1,056,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the relevant 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 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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