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(영문) 대구지방법원 김천지원 2014.07.23 2014고단505
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 C low-est car.

On February 7, 2014, the Defendant driven the above vehicle at a speed of 22:55, and driven the three-lane road in front of the pen style in the Gu, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si.

At the time, it was night and rained, and there was a hond road at which the center line of the yellow-ray is installed, so there was a duty of care to ensure the safe operation of the driver of the vehicle by thoroughly and at a speeding the front-way, reducing speed, and maintaining the tea.

Nevertheless, the Defendant neglected this and proceeded as it is, and the central line was broomed by the negligence of broomg and the negligence of breaking the central line, and received the part of the victim D(55 years old) driving in one-lane of the opposite part, prior to the left-hand side of the said low-speed car, in front of the left-hand side of the said high-speed car.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim, such as the frame of the fright base area in which approximately 16 weeks of medical treatment is required, and the injury to the victim F (29 years of age) who is the passenger of the said high-est car, suffered about 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. A report on the occurrence of a traffic accident (2 report), a report on the occurrence of a traffic accident, and a report on actual condition investigation;

1. All on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of alternative imprisonment without prison labor;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the victims are not responsible for the occurrence of the instant accident, and that the degree of damage is not provided against the victim.

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