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(영문) 대전지방법원 홍성지원 2019.07.09 2019고단169
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On December 22, 2018, the Defendant driven a dump truck on the 15:30 above, and continued the three-lane of the 63-1 Trinam Budget-gun, Chungcheongnamnam Budget-gun, along the two-lanes from the cump to the sump, at an insular speed.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by safely operating the steering system and brakes in accordance with the new code and properly operating the steering system and brakes with the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and due to the negligence that the signal apparatus of the front-way vehicle is a red light and left-hand turn normally on the right-hand turn at the right-hand side of the victim D(I 27 years old), which had been driven by the victim D(I dump truck) who would turn to the right-hand turn in accordance with the new code, received the part on the left part of the above dump truck.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 10 weeks of complete 10 weeks of treatment between the victim and the victim’s absence of open wifes for approximately 4 weeks of treatment. In addition, the Defendant suffered injury to the victim, which was caused by the following: (a) duplicing three cupages that affected the victim’s cupages that require approximately 4 weeks of treatment; and (b) approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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