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(영문) 대구지방법원 안동지원 2015.06.02 2015고정104
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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 of a franchising cargo vehicle B.

At around 13:20 on January 5, 2015, the Defendant driven the above cargo, leading up to the entrance of the Western East-dong IC in the Sasan-Eup, Sasan-si, Sasan-do.

In such a case, the driver of the vehicle has a duty of care to properly operate the steering and steering gear well and to safely proceed with it.

Nevertheless, the defendant neglected this and went through widely as a safe place on the right side of the vehicle driving by the defendant, and the part on the left side of the vehicle driving by the victim C(55 years old) driving from the bend to the Western East IC was collisioned with the front part of the vehicle driving by the defendant.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim C, such as saves and saves requiring treatment for about two weeks, and injury to the victim E (V, 44 years old), who was accompanied by the damaged vehicle, such as a saved saves of a chest electric wall that requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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

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

1. Article 334(1) of the Criminal Procedure Act states that the degree of injury of victims on the grounds of sentencing is relatively minor, but the defendant has been sentenced to punishment in consideration of the fact that there are several punishments for the same kind of crime.

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