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(영문) 수원지방법원 여주지원 2019.09.03 2019고단9
도로교통법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2018, the Defendant driven a B dump truck on June 13:30, and continued to drive two-lanes along the Western Highway Seoul 279.6km in Pyeongtaek-si, Pyeongtaek-si.

Since it is an expressway, the driver of dump truck has a duty of care to prevent accidents by accurately manipulating the dump and steering gear while driving slowly.

Nevertheless, the Defendant, while neglecting the above duty of care, took part of the back part of the victim’s 4.5 tons truck 4.5 tons truck in Korea at the front line with the Defendant’s truck front line with his negligence, and caused the damage to the Defendant’s truck and the 4.5 tons truck, which was parked in the victim’s E-driving F.N. car and the 46 vehicles parked in the parking lot under the Western guard.

Ultimately, the Defendant damaged the property amounting to approximately KRW 348,946,411, such as 48 vehicles damaged and road construction facilities, as stated in the list of crimes attached to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Each written statement and written confirmation of the investigation process;

1. A written statement on the occurrence of each traffic accident;

1. Application of the provisions of each estimate, a detailed statement of automobile inspection, a written estimate of insurance repair costs, and a written estimate of repair costs;

1. Article 151 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) applicable to the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment prescribed for Crimes against C with the heaviest Crimes)

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The scale of damage caused by sentencing under Article 62-2 of the Social Service Order Criminal Act, the background of the occurrence of the accident (the fact that the instant accident occurred because he/she neglected to take care of a physical disease while driving) etc. is disadvantageous.

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