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(영문) 대구지방법원 경주지원 2016.08.18 2016고정135
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a dump truck with four wheelss as a dump truck B.

On March 19, 2016, around 19:55 on March 19, 2016, the Defendant proceeded in front of the D cafeteria, which is located in the Damsan City, at the speed of the Si-high speed from the Ulsan Myeon to the two south elementary school.

At the time, the location was installed on the front side of the Defendant’s proceeding, and there was a vehicle driving in accordance with yellow flickering signals in the opposite part of the Defendant’s proceeding direction, so there was a duty of care to temporarily stop on the stop line, and to safely stop on the front and rear side, and prevent the accident by safe driving.

Nevertheless, the Defendant neglected this and did not temporarily stop in a stop line and proceeded without temporarily stop in the stop line, and received the front part of the victim E (W, 53 years old) driving in the opposite part as the front part of the Defendant’s truck.

Ultimately, the Defendant, by occupational negligence, suffered injury to the above victim, such as light finites, which requires approximately two weeks of medical treatment, and around two weeks of light finites and tensions, from the victim G (the 75 years of age), who is the passenger of the Defendant’s vehicle, to the victim G (the son), respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, a survey report on actual conditions, accident vehicles and site photographs, each medical certificate, internal investigation report (in the site of an accident), photographs at the scene of an accident, each investigation report (in the event of an accident, attaching a list of CCTV screen CDs in front of the scene of the accident, attaching a photograph of CCTV screen images at the scene of the accident, a photograph of CCTV at the scene of the accident, a CCTV at the scene of the accident, a CD, or a photograph of screen

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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