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(영문) 의정부지방법원 2012.08.29 2012고정88
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cknif trucks.

On December 2, 2011, the Defendant driven the above cargo vehicles at around 20:20, and had one lane above the 20-lanes of the Jinyang-si, Jinyang-si, Jinyang-si progress from the 47-lanes of the National Highway Road to the Hopdong direction.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front-round city and safely to protect the tea.

Nevertheless, there was a conflict between the two parts of the victim DF driving's ES520 car and the front part of the victim FF driving's G rocketing car, which continued to proceed following the passage of EA car, and the front part of the collision with the victim's ES520 car, which continued to conflict with the main part of the collision with the center line due to the collision with the water.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the said D, such as salt, tensions, etc. that requires approximately two weeks of treatment, the injury to the said F, such as the soft base, which requires approximately three weeks of treatment, the injury to the left-hand flag, etc. requiring approximately four weeks of treatment to the passengers of G rocketing and other vehicles, and the injury to the first balance of the right-hand flag, etc. requiring approximately five weeks of treatment to the said I, and the injury to the saidJ, such as the fladal flag, etc. requiring approximately three weeks of treatment.

Summary of Evidence

1. Witness D or F testimony;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant legal provisions and the choice of punishment for a crime: Article 3 (1) and the proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at workhouse: Article 70 of the Criminal Act;

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