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(영문) 대구지방법원 2019.11.28 2019고정1079
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On May 28, 2019, the Defendant operated the said car as a job around 05:00, and operated the national highway No. 4 of Yongcheon-si, Seocheon-si, Youngcheon-si, Seocheon-si, Seocheon-si, in the direction of Youngcheon-do, along the two-lanes in the direction of the racing.

It is a road with a maximum speed of 80km/h of restriction on operation of a motor vehicle. In such a case, there was a duty of care to prevent accidents by operating the steering gear and brakes at a speed less than the restricted speed by properly manipulating the front and rear left to the person engaged in driving the motor vehicle in accordance with the traffic conditions.

Nevertheless, the Defendant neglected to operate a limited maximum speed of 80km/h above 95km/h in excess of 95km/h, and proceeded ahead of it in the same direction in the same direction, and was changed to one lane, and the part of the victim C(45 years old) driving by changing the vehicle into one lane was taken into the front part of the driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, the actual survey report, and on-site road photographs;

1. Statement of the police officer and written diagnosis of C;

1. Application of the Acts and subordinate statutes to notify the results of traffic accident investigation and analysis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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