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(영문) 전주지방법원 정읍지원 2014.07.15 2014고단260
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of cargo vehicles and freight vehicles in CB.

At around 11:40 on August 31, 2013, the Defendant moved a three-distance intersection near the Yasan-gun, Yasan-gun, Yasan-gun, to the direction of the right side of the road at an insular speed in the direction of the right side of the road.

그 곳은 편도 1차로 도로와 농로가 만나는 “ㅜ”자형 삼거리 교차로이므로 교차로에 진입하기 전 일시정지하여 좌우를 잘 살피고 직진하는 차량이 있을 경우 양보운전을 하여 사고를 미리 방지해야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected to do so, and found the victim D (year 74) who was directly engaged in the direction of the seat of the urgical area from the left-hand side of the progress direction due to the negligence of the Defendant's failure, and did not avoid it until late.

The Defendant suffered from a serious injury, such as abandonment of discharge from the Republic of Korea, and sleeping a sleep, etc., which did not require the victim to receive approximately three months of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the practical survey report, field photographs statutes;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (Consideration of fines, selection of fines, recognition of errors in the course of committing a crime, and agreement with the victim);

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

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

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