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(영문) 대전지방법원 논산지원 2016.01.26 2015고단310
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Category C cargo vehicles.

On January 9, 2015, the Defendant driven the above cargo vehicle on the 11:15th, while driving the front road of the E in front of the direction to the direction from the direction of the direction to the direction of the west-gun, the Defendant got out of the front side of the Defendant, G 100cc - the 100cc - the upper part of the G 10cc - the upper part of the west-do 100cc - the upper part of the west-gun

Since a two-lane road was a straight line of one lane, a driver of a motor vehicle has a duty of care to safely overtake the motor vehicle at a distance sufficient to avoid collision with the left side of the motor vehicle and to safely overtake the motor vehicle, if there is a motor vehicle ahead of it, by checking the traffic condition of the motor vehicle in front.

Nevertheless, the Defendant neglected this and did not send the overtaking signal to the victim in violation of the method of overtaking the front direction in accordance with the Road Traffic Act, and did not send the overtaking signal to the victim, and followed the rear part of the above cargo loaded onto the right side, which the victim drives with the rear part of the above cargo.

결국 피고인은 위와 같은 업무상 과실로 피해 자를 도로에 넘어지게 함으로써 피해자로 하여금 약 2 주간의 치료가 필요한 무릎의 으깸 손 상 등을 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness H, F, I, and J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident actual investigation report, a primary inquiry, and a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines;

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouse is that the Defendant violated the method of the preceding senior in traffic accident, thereby causing injury to the victim.

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