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(영문) 대구지방법원 2013.03.27 2012고정4625
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of bareboat cargo vehicles.

At around 18:40 on October 28, 2012, the Defendant was operating 88 Expressway 150.5km located in the Yancheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

In this case, there was a duty of care to pass on the right side from the center line to the right side.

Nevertheless, it is operated in the same direction as above while neglecting it.

The part on the left side of the victim D(60 years old, n) Maz Driving Vehicle, which was faced by the center line while discovering the steering gear into the left side in order to avoid drilling, was received as the front part on the left side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as drilling, fluoral salt, cerebral fluor, etc., requiring approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons involved in a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey reports, and photographs of accident scene;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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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