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(영문) 광주지방법원 2016.08.25 2016고정1131
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On May 18, 2016, the Defendant driven the above vehicle at a speed of about 20 km from the boundary of the military unit to the breadth of the Sinsan-gun at a speed of about 14:40km from May 18, 2016.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so by negligence in contravention of the stop signal, and led the victim C(80) driving directly from the right side of the running direction of the Defendant to the left side under the new subparagraph, and the left side part of the victim C(80) driving was shocked by the front side of the Defendant vehicle.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim C (80) and the victim E (57 years of age), and the victim F (76 years of age), respectively, in need of approximately 6 weeks of medical treatment, such as cage cage cages, and the injury of the victim G (64 years of age) in need of approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of G, E, and F;

1. Application of traffic accident reporting, each medical certificate, photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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