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(영문) 인천지방법원 부천지원 2013.08.29 2013고정1356
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has driven a cargo vehicle B or 16 o'clock.

On October 10, 2013, around 10:30 on October 10, 2013, the Defendant proceeded with the road of 88 km in front of the Seoul, the outer circular Highway located in Seocheon-si, Seocheon-si, Seocheon-si, Seoul, with the metropolitan air defense area from Jungdong-si to the metropolitan air defense area.

When a driver of any motor vehicle follows another motor vehicle traveling in the same direction, he/she has a duty of care to maintain a distance necessary to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly.

Nevertheless, the defendant is negligent in proceeding with this.

It is proceeding at the same one-lane.

The part behind the Do SM5 car driven by the victim C(71 years of age) at the stop was received as the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as finite dinites, which requires two weeks of diagnosis due to occupational negligence, and damaged the victim’s vehicle so that the repair cost amounting to KRW 2,887,822 is equivalent to the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes to each actual condition survey report, traffic accident occurrence report, photographs of damaged vehicles, traffic accident occurrence report, vehicle estimate, and medical certificate;

1. 범죄사실에 대한 해당법조 교통사고처리 특례법 제3조 제1항, 형법 제268조(업무상과실치상의 점), 도로�오버 제151조(재물손괴의 점)

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

1. Each selective 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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