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(영문) 울산지방법원 2016.04.22 2016고정261
교통사고처리특례법위반
Text

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

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 of Bone Star Co., Ltd.

On December 5, 2015, the Defendant driven the above-mentioned vehicle around 13:30 on December 5, 2015, and continued to drive the road front of the entrance of Ulsan-gun, Ulsan-gun, Ulsan-gun, a mountain-do, in a mountain-do.

Since the location is in which a main length and a central line are installed, in such cases, a person engaged in driving service has a duty of care to reduce speed and to safely drive the lane in a safe manner.

Nevertheless, the Defendant neglected to do so and was driving a victim C ( South, 38 years old) who was going on a frighting road due to the negligence of frighting the central line.

D The front part of the franchise was shocked by the front part of the Defendant vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the following: (a) male finites, etc., requiring approximately two weeks of treatment to the victim E (the victim 43 years old); (b) male finites, etc., requiring approximately two weeks of treatment to the victim F (the remaining, 31 years old); and (c) malfinites, etc., requiring approximately three weeks of treatment to the same victim G (the victim 30 years old), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

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

1. Each medical certificate of C, E, F, and G;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 a selective fine (the degree of injury, the fact that it is covered by a comprehensive insurance, the fact that it is an initial offender, and the fact that it is against the initial offender);

1. Articles 70 and 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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