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(영문) 인천지방법원 부천지원 2013.07.10 2013고정752
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is engaged in the business of driving Lone Star Co., Ltd.

On January 13, 2013, the Defendant driven the said van on January 15:25, 2013, while driving the said van, the Defendant was at the right right angle from the lower side to the Kimpo Park in the direction of the Hapo-ri, Gopo-ri, Gopo-si, Gopo-si, Gopo-si, Gopo-si. Since the central line was installed as a one-lane road at the right side, and snow was stored on the road at the time, the Defendant was at the right edge of the vehicle at the time, and thereby safely driving the vehicle along the right side of the road by reducing the speed and accurately manipulating the steering devices, brakes, and other devices of the vehicle at the right side, and thereby preventing the accident, the Defendant was at the duty of care to prevent the accident in advance, despite the fact that the Defendant was at the duty of care to reduce the speed, while driving the vehicle due to the negligence of the hand operation by the driver of the vehicle at the right side of the victim C (38 years old) who driven the said road.

Ultimately, the Defendant suffered injury to the victim E (V, 32 years of age) and the victim F (7 years of age) who were aboard the above victim due to the above occupational negligence, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A traffic accident report;

1. Application of each written diagnosis (C, E, F) statute;

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 (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest criminal situation);

1. Selection of an alternative fine for punishment;

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

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