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(영문) 대구지방법원 의성지원 2019.05.09 2019고단47
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a wing-III cargo vehicle.

On November 13, 2018, the Defendant driven the above vehicle at a speed of 07:05, and proceeded at a distance of 227 from the inside of the inside of the boundary of the Gyeong-gun, Seongbuk-gun, the container Dog-ri, 227-ri, to the inside of the inside of the inside of the inside of the bank.

Since there was an intersection where a signal apparatus is installed, the person driving the vehicle and passing through the place had a duty of care to prevent the accident by driving the vehicle in accordance with the signals displayed by the signal apparatus.

Nevertheless, due to the negligence of neglecting this, the Defendant got the front part of the Dunst Pacific Vehicle driven by the victim C (Nam, 51) who was proceeding under the new subparagraph on the right side from the left side of the direction of the mastal course to the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt ties, tensions, etc. in need of approximately 3 weeks of treatment, the injury to the victim E (V, 49 years of age) who is the passenger of the victimized vehicle, such as double pelkes that require treatment for about 12 weeks, the injury to the victim F (V, 72 years of age) who is the passenger of the victimized vehicle, such as the escape of conical signboards requiring treatment for about 8 weeks, and the injury to the victim G (V, 71 years of age) who is the passenger of the victimized vehicle, for about 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of three diagnosis certificates, three CDs, and one CDs, to a report on the occurrence of a traffic accident, a fact-finding report, and other relevant statutes;

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

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. The following circumstances in sentencing of Article 334(1) of the Criminal Procedure Act and the Defendant’s age.

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