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(영문) 대구지방법원 2013.03.27 2012고정1824
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C-cab.

On April 16, 2012, the Defendant, around 03:15 on April 16, 2012, was driving the said vehicle, leading the front of the Eastern Road Underground Road in the Eastern-gu, Daegu-gu.

In such cases, the driver of a motor vehicle has a duty of care to avoid driving the motor vehicle and driving it on the motorway.

Nevertheless, the Defendant neglected to do so and received the front part of E driving by the victim D (year 29) who was driving in the direction of the same line from the sexual intercourse on the following part of the Defendant’s vehicle.

The Defendant, by these occupational negligence, suffered catitiss, etc. requiring approximately two weeks of medical treatment to the victim, and catitiss, etc. requiring approximately two weeks of medical treatment to the driver F (V, 46 years of age) of the Defendant’s vehicle, and the same G (V, 39 years of age) requiring approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement made by a witness F in the third protocol of the trial;

1. The entry of some of witness G in the fifth trial records;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and H;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

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 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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