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(영문) 대전지방법원 2015.09.09 2015고정856
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 CM 520 automobiles.

On January 20, 2015, the defendant, around 14:30 on January 20, 2015, driven the way in front of the Daejeon East-gu D, Daejeon along the two-lane distance from the East East-west to the direction of the common street, and changed the way toward the first lane.

In such cases, there was a duty of care to maintain the safety distance with the front vehicle and accurately manipulate the steering and brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded as it is, while driving the vehicle at the same two-lane, received the back part of the FM 520 vehicle of the victim E (72 years old) driving prior to the same two-lane, as the front part of the vehicle of the above Defendant’s driving, and continued the vehicle in front of the above vehicle while pushing ahead of the vehicle in front of the vehicle, and received the back part of the HP vehicle of the victim G (the age of 60) driving.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc. in light of the influence that requires approximately one week medical treatment, and suffered injury on the victim G, including salt, tensions, etc. in the bones of wood, which requires two weeks medical treatment, and at the same time damaged property equivalent to KRW 5,177,800 for the repair cost of the above food-affected vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and E (Simplified traffic);

1. The actual condition of traffic;

1. Reporting on internal affairs;

1. Requests for appraisal;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning the facts constituting the crime; and

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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