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(영문) 대구지방법원 2013.03.27 2012고정2815
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three 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 a taxi driving service for B transportation C or other business.

On 15:30 on 26. 208. 26. 26. 15:30, the Defendant was proceeding beyond the central line in order to overtake while proceeding along the speed of about 50 km from the parallel to the parallel of the road at the speed of about a speed of about 50 km.

At this point, there is a center line with which yellow solid lines are installed, and there is a lot of vehicle moving, so there was a duty of care not to overtake beyond the center line.

Nevertheless, the part of the victim D (year 71) driven by the victim D (year 71) who had been driving in a normal way beyond the median line due to the negligence going to the opposite lane, was driven by the front part of the defendant's vehicle, and the part of the front part of the victim F (year 69) driven by the victim F.F.(year 69) was driven by the victim F.F., the front part of the GM5 passenger vehicle was driven by the victim F.M. 5 passenger vehicle.

The Defendant suffered, by such occupational negligence, salt monets of the bones of wood, which requires approximately four weeks of medical treatment to the victim D, and the flaps of the bones of wood, which requires approximately three weeks of medical treatment to the victim H (the age of 67) like the damaged vehicle, and the passenger I (the age of 19), J (the age of 19), and K (the age of 21) who was aboard the taxi of the Defendant, for about three weeks of medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of F and D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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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