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(영문) 춘천지방법원 2015.07.16 2015고정173
교통사고처리특례법위반
Text

1. The defendant shall be punished by a fine of 300,000 won;

2. If 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 dump truck.

On December 30, 2014, the Defendant driven a dump truck on December 30, 2014, and moved the roads in front of the second-class Army located in the Yacheon-si, Cheongcheon-si, Chungcheongnamcheon-si, Incheon-si, to the sporade distance from the spoke-si to the spoke-distance flood.

At the time, the inside was in a situation where the opening was restricted, and there was an intersection where the center line of yellow solid lines is installed, so in this case, the person engaged in the driving of motor vehicles had a duty of care to safely drive the front left and right, and to prevent the accident by safely driving the vehicle and by safely driving the vehicle.

Nevertheless, the Defendant neglected this and got off the center line due to the negligence of bypassing it, and was driven by the victim C(50 years of age) who was on the part of the second-class room in the Army located in the front part of the Dump truck, which was driven by the victim C(50 years of age) with the front part of the Dump truck.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual condition;

1. A written statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate to C;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the provisional payment order: (a) since roads by which the Defendant bypassed are one lane, it seems not easy to avoid the median line while bypassing them with large dump trucks; (b) the degree of injury of the victim is minor; (c) the dump trucks driven by the Defendant are covered by a comprehensive insurance; and (d) the Defendant gave 20,000 won to the victim

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