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(영문) 대구지방법원 2014.04.17 2014고단636
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving five tons of cargo vehicles in D.

On December 2, 2013, the Defendant driven the above cargo vehicle on the 10:25th of December, 2013, and led to the passage of the road in front of the Universal Subdivision, which is located in the Gyeongcheon-si, Taecheon-si, Taecheon-si.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant got out of the front portion of the Funched passenger car driven by the victim E (the 58-year-old) who followed the center line by the negligence of driving it from the center line, in front of the freight of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a back-of-way gate and upper wall pulverization that require treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Photographs related to accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires the corresponding punishment in light of the fact that the defendant invadeds the central line, and the victim suffered serious injury. However, there are various reasons for sentencing shown in the pleadings of the instant case, such as the defendant's age, character and behavior, intelligence and environment, motive, means and result of the crime, circumstances after the crime, etc.

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