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(영문) 대구지방법원 2015.10.02 2015고정1896
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 of one ton cargo vehicles B.

On June 1, 2015, the Defendant driven the above cargo vehicle at around 20:20, while driving three lanes on the 47-lane in Daegu Dong-gu, Daegu, toward the dynamic side from the airport intersection, led to the dynamic road at the same speed as the two-lane.

The location had a duty of care to safely drive a person who is engaged in driving along a three-distance intersection where signal, etc. is installed on the road, by reducing the speed and considering well the right and the right of the road, by entering the intersection according to the normal signal.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant continues to proceed at the same speed in violation of the signal.

On the right side of the running direction, the part of the victim C's left turn to the intersection in accordance with the new name of the airport in the direction of the airport crossing was received as the front part of the above cargo vehicle by the defendant.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately two weeks of medical treatment by occupational negligence as above, and injury to the victim E, who is a passenger of the above passenger car, such as cerebral sugar requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis for E and C;

1. Application of the traffic accident occurrence report, the actual condition survey report, each accident site photograph, and Acts and subordinate statutes governing each on-site photograph;

1. Article 3 (1) of the relevant 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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