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(영문) 대전지방법원 2013.11.05 2013고단3538
교통사고처리특례법위반
Text

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

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 of a D-port cargo vehicle.

On July 29, 2013, around 19:08, the Defendant driven a 938-lane road from the front side of the factory to the front side of the road, at the right angle of the city, prior to the end of the city.

Since the place is at the speed of 60km per hour, a person engaged in driving service has a duty of care to prevent accidents in advance by complying with the speed limit.

Nevertheless, the defendant's negligence of driving a speed of about 96 km in excess of the speed limit, caused the damage to the left side of the victim E-driving who crosses the road from the right side of the running direction of the vehicle to the left side of the road, to the front side of the vehicle.

As a result, the defendant suffered injury, such as the opening and crushing of 12 weeks on the left-hand side in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. The result of calculating the announced speed;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to 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 sentencing reason of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the degree of injury of the victim due to the accident in this case is not easy, and the defendant's criminal liability is heavy in light of the fact that the defendant takes place more than the restricted speed.

However, the Defendant’s driver’s vehicle purchased comprehensive insurance, paid KRW 20 million to the victim, and agreed to do so, taking into account the circumstances such as the fact that the occurrence of the instant accident caused the fault of the victim who driven the center line by driving the vehicle with the driver’s license and driving the center, the Defendant’s driver’s vehicle selected a fine and determined the penalty as above.

It is so decided as per Disposition for the above reasons.

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