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(영문) 인천지방법원 2012.09.21 2012고정3572
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a dump truck.

1. On June 13, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, even though the driving of the said vehicle was suspended at a speed of 18:40 on June 13, 2012, and led to driving of the said vehicle in front of the modern railway system in the Dong-gu Incheon Metropolitan City, Dong-gu, Incheon, at a speed of non-speed in accordance with the speed of speed depending on the five-lanes of speed, from

Since there is a narrow line due to the high-speed road construction, a person engaged in driving a motor vehicle has a duty of care to reduce speed by accurately manipulating the steering system, brakes, etc. of the motor vehicle, to check the right and the right and the right of the motor vehicle, and to change the course.

Nevertheless, the Defendant neglected this and neglected to change the course from a two-lane to a two-lane, and caused the victim C(55 years of age) to drive a two-lane, and did not discover the volume of the D's car, which was operated by the victim C(55 years of age), and received the left-hand part of the victim's vehicle in front of the right-hand part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at around 18:40 on June 13, 2012, even though the validity of the driver’s license was suspended, the Defendant driven B dump trucks at a section of about 60km from the Do preceding the Do in front of the Gyeonggi-gu Incheon Metropolitan City Seodong-dong modern Railroad.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of the actual condition survey report, diagnostic certificate, and the ledger of driver's license for motor vehicles (A);

1. Article 3 (1), the proviso to Article 3 (2) or 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (Selection of Fine)

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

1. The Criminal Act for the detention of a workhouse;

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