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(영문) 대구지방법원 2014.08.14 2014고단1073
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crecers and cargo vehicles.

On December 24, 2013, the Defendant driven the above cargo vehicle on December 12:45, 2013, and led to a road of about 60 km in front of the bus platform located in the Seocheon-si, Seocheon-si, Seocheon-si, to the Si-si, Seocheon-si.

At this point, there is a center line of yellow solid lines, so a person engaged in driving service has a duty of care to proceed on the right side of the road and not to dump the center line.

Nevertheless, the Defendant neglected this and failed to discover the bicycles driven by the victim D(87 years old) who entered the road in the city-mash village in order to overtake the vehicle running in the same direction while driving the vehicle in the same direction, and did not discover the bicycles driven by the victim D(87 years old) who entered the road in the city-mash village, and received the part of the above bicycle Hands from the left edge of the cargo vehicle driven by the Defendant,

Ultimately, the Defendant suffered injury, such as the closure of the main body frame, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and Article 3 (2) (proviso) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act and the Selection of Fines for Negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order lies only in the criminal records of the defendant, and there are no criminal records of the same kind, the defendant is divided into depth of his mistake, the victim and the victim have agreed smoothly with the victim and the victim did not want the punishment of the defendant, the driver's vehicle is insured with the Trucking Financial Cooperative, and all of the records and arguments of the case are shown in the record and arguments.

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