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(영문) 청주지방법원 2013.04.04 2012고정1344
업무상과실자동차전복
Text

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

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 Cren car.

On September 19, 2012, the Defendant driven the above vehicle on September 16, 2016, and got to proceed from the direction of the Heungung-gu So-gu So-dong 595-1.

At this point, since it is a private-distance intersection where traffic is not controlled, a person engaged in driving service has a duty of care to safely proceed after checking whether there is a vehicle driving through a temporary stop or slowly.

Nevertheless, without neglecting this, the Defendant, while proceeding as it is, received the right side part of the victim’s Ethz car from the left side of the running direction to the right side of the driving vehicle of the victim D (28 years old) and brought the victim’s existing vehicle into a river which is down to a 3-meter below the road where the driver’s vehicle is located due to its shock.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Written statements prepared in D;

1. Application of the photographic Acts;

1. Relevant provisions of the Criminal Act and Articles 189 (2) and 187 of the Criminal Act concerning the choice of punishment;

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

1. The sentencing grounds under Article 334(1) of the Criminal Procedure Act, including the following: (a) the Defendant was the first offender; (b) the Defendant was subscribed to an automobile comprehensive insurance policy; and (c) the victim did not wish to punish the Defendant; and (d) the Defendant was injured by the instant accident that occurred by both negligence of the Defendant and the victim; and (c) the Defendant was against the victim, shall be determined as the sentence as indicated in the Disposition.

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