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(영문) 광주지방법원 목포지원 2015.07.23 2015고정261
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On January 24, 2015, the Defendant driven the above cargo vehicle at a speed of about 95 km at the speed of 95 km as the front road of the D Child Care Center C located in Chungcheongnam-gun, Chungcheongnam-do, Nam-do.

Since there is a road bended and a speed of 60 km per hour, there was a duty of care to observe the speed limit and to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 35 km per hour, and the Defendant discovered the Fpoter car of the victim E(35 years old) at a late time, but failed to stop, and shocked the part of the Defendant’s truck behind the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a survey report, and an on-site photograph of a traffic accident;

1. A report on investigation (to screen and analyze black boxes);

1. Investigation report (Presumption of speed of Ma1 vehicle);

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, and Article 268 of the Criminal Act

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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