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(영문) 대전지방법원 2013.12.13 2013고단1799
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CS5 car.

On February 11, 2013, at around 16:10, the Defendant proceeded at a speed of about 80 kilometers per hour by using approximately 281km in front of the point of Busan, the Busan, the Busan, the Busan, and about 80 kilometers per hour through the two-lanes from the Busan, the area of the road.

At the time, the location is an expressway, and the victim D (33 years old) followed the E-Wlurged vehicle driven by the victim, so in such a case, the driver of the vehicle is obliged to take a duty of care to prevent the accident in advance by safely keeping the front door and the right and the right and the right of the vehicle, while maintaining a sufficient distance with the vehicle in front.

Nevertheless, the Defendant neglected this and continued to stop on the front vehicle, and received the back part of the above damaged vehicle which stops on the front vehicle, and the front part of the above vehicle driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D, such as dume for about four weeks, on the part of the victim F (30 years of age), on the part of the victim F (30 years of age) who was on the part of the damaged vehicle for about two weeks of medical treatment, and damaged the backer of the damaged vehicle for KRW 2,710,347 of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police interrogation protocol prepared by the accused and a traffic accident investigation report;

1. Each written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Injury by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Occupational injury and damage: Article 151 of the Road Traffic Act; and

1. According to Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment provided for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act, and the punishment provided for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest punishment and punishment).

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