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(영문) 대구지방법원 포항지원 2015.06.08 2015고정84
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 30, 2014, the Defendant, as a driver of the B MT car, turned to the left at the two heading offices from the Do middle school to the two heading offices from the Do middle school. On December 30, 2014, the Defendant left the 5-lanes in front of the two heading offices from the north-gu Office at port.

In such cases, the driver of the vehicle has a duty of care to confirm whether there is a vehicle passing through the intersection by checking well the front side of the vehicle, and to prevent the accident by driving safely according to the traffic signal in advance.

Nevertheless, the defendant neglected this and went to the left by failing to turn to the left, and there was a conflict between the victim C (Nam, 31 years old) who moved to the intersection in accordance with the new code and the victim C (Nam, 31 years old) with the front door of the vehicle of the defendant.

As a result, the Defendant suffered from occupational negligence the injury to the driver of the damaged vehicle C such as salt, tensions, etc., the injury to the E (Nam, 44 years old) on board the steering boat of the damaged vehicle, the injury to the base of the drilling, tensions, etc. requiring a three-day medical treatment, and the injury to the F (Nam, 45 years old), who was on the back seat of the damaged vehicle, such as chills, tensions, etc. requiring a three-month medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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

4. Article 334 (1) of the Criminal Procedure Act.

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