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(영문) 대구지방법원 2015.03.19 2014고정3029
교통사고처리특례법위반
Text

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

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 service of the SV125B.

At around 16:10 on October 26, 2014, the Defendant driven the above Oralba, and led to the flow of the juncular street in Daegu-gu at a speed of about 30km each hour at a speed of about 30km from the surface of the artificial tunnel to the front side of the merchant in the artificial tunnel.

Since there is a three-distance intersection where traffic is controlled by vehicle signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle with the signal apparatus and prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and received the front part of the D-business taxi operated by the injured party C (the 69-year-old) under the E-Sa Lake due to the negligence in violation of the signal as is, and thereby, the front part of the D-business taxi operated by the injured party C (the 69-old

As a result, the Defendant suffered from the victim E (the victim 32 years of age) with respect to the following: (a) catitiss and tensions that require approximately two weeks of medical treatment to the victim C due to the foregoing occupational negligence; and (b) catitiss that require two weeks of medical treatment to the victim E (the victim 32 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation (a statement by telephone from a victim vehicle);

1. Each written diagnosis;

1. The actual condition survey report;

1. Application of the statutes governing traffic accident photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, proviso to Article 2 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents,

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

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