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(영문) 창원지방법원 거창지원 2014.01.22 2013고정136
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the driver of the cargo vehicle B.

On July 20, 2013, the Defendant driven the above vehicle on July 12:30, 2013, and got back from the hole in front of the Yancheon-gun Gyeongcheon-gun, Chungcheongnam-do. Such a person engaged in driving service had a duty of care to verify whether a vehicle or pedestrian passed on the rear at the time of the start-up and to safely drive the vehicle.

Nevertheless, the defendant neglected to do so.

The victim C (Nam, 72 years old) who crosses the road through a cafeteria cafeteria on the back of the Defendant's driving vehicle was not found, and the part of the victim's driver's driver's license was shocked to exceed the road.

As a result, the Defendant suffered injury, such as cutting the 2nd century, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. An investigation report (as to attachment of a medical certificate);

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 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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