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(영문) 대구지방법원 포항지원 2018.11.09 2018고정291
교통사고처리특례법위반(치상)등
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 a car in the B SP area.

On 26. 26. 22:50 on 201. 26. 26. 201, the Defendant driven the above car and driven the three-lane road in the south-gu C at the port of port along one-lane from the third apartment on the side of the sub-Decree.

At this time, there are three-distance crossings where no signal is installed, and in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a vehicle driving through an intersection, and to proceed safely.

Nevertheless, the Defendant neglected this and got the victim F (61) who was driving from the side of the school to the third apartment house of the vice-young at the time of using the E K5 si at the time of his negligence and did not avoid the car of the Defendant and had the front part of the said car to the front part of the said si.

Ultimately, the Defendant damaged the 4,368,452 cost of repairing the said taxi due to the foregoing occupational negligence, including the exchange of a pan-sicker, and at the same time suffered injury to the victim, such as salt drums, tensions, etc. that require approximately two weeks medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate for automobile inspection and maintenance;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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