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(영문) 대구지방법원 2015.07.16 2015고단2359
교통사고처리특례법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of BF rocketing vehicles.

On May 1, 2015, the Defendant driven the above vehicle on May 12:35, 2015, and proceeded in the direction of pushing ahead in the direction of the Cheongdo-Eup, Cheongdo-do-Eup.

Since it is an intersection in which overtaking is prohibited, a person engaged in driving service has a duty of care to avoid overtaking any vehicle in progress.

Nevertheless, the Defendant neglected to do so and received the front part of the victim C(75 years old) driving on the left side of the victim C(75 years old) who is going to turn to the right from the front side of the said cargo vehicle while overtaking the numberless cargo vehicle going to the front side of the said cargo vehicle.

Accordingly, the Defendant suffered, by such occupational negligence, from the victim E (the victim E (the 69-year-old age), approximately 12 weeks of sexual intercourses, which requires approximately 6 weeks of medical treatment to the victim C, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report or a traffic accident report (1, 2);

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

1. Article 3 (1), the proviso to Article 3 (2) 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant accident on the ground of the provisional payment order is not easy, but the degree of injury of the victims due to the instant accident is against the law, the victims and the victims have agreed smoothly, the comprehensive insurance has been subscribed to, and all other factors of sentencing, including the motive, means and result of the instant crime, the circumstances after the commission of the crime, the age of the defendants, character and conduct, family environment, etc., shall be determined as ordered

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