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(영문) 의정부지방법원 2017.06.12 2017고정616
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On June 6, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a B B Poter II freight vehicle around B B around 21:40, and driving a two-lane of the two-lane road, in the direction of the entrance of vibration fluence in Gyeonggi-gu, Bupyeong-gu, Seoul.

In such cases, a person engaged in driving service has a duty of care to secure a safety distance, thoroughly implement the duty of prior good, and thoroughly manipulate the steering direction and brake system of the vehicle in order to prevent accidents in advance.

However, the Defendant, while neglecting this and stopping the Victim C (T, South and 48 years old) driving, was found late due to the fact that the victim C (T, South and North, and 48 years old) was able to drive the car and received the back spread of the passenger car in front of the freight vehicle for the Defendant.

The Defendant caused the injury to the victim E (V, 48 years old) and F (V, 19 years old) who were on board the victim C and the franchise-low-income car due to the above occupational negligence, respectively, by the injury of the victim E (V, 48 years old), which requires approximately two weeks medical treatment.

2. On June 6, 2014, the Defendant was under the influence of alcohol at around 0.116% of alcohol while driving a vehicle B in the direction of approximately 3 kilometers from the Do in front of a bus terminal located in Pyeongtaek-gu, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, to the front side of the vibration fluence at the Hyeong-gu, Gyeonggi-do, Pyeongtaek-gu, the Defendant driven a vehicle B 2 freight at the direction of about 0.3 kilometers from the Do in front of the vibration fluence at the lower side of the Gyeong-gu, Gyeonggi-do.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Application of Acts and subordinate statutes, such as a copy of diagnosis;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person on duty and negligence), Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation of a person driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (in the case of causing multiple persons due to a single traffic accident).

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