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(영문) 의정부지방법원 2013.07.11 2013고정975
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

At around 14:00 on December 5, 2012, the Defendant operated C X-ray sports cargo vehicles on the roads of the 291 Petroleum Business Office, Acheon-dong, Acheon-gu, Acheon-si, Acheon-do, and continued to run as Acheon-gu Sacheon-gu, Acheon-gu, Acheon-gu, Acheon-gu, Bom

At the time, as snow bombs caused heavy snow, the driver engaged in driving service has a duty of care to thoroughly operate the bomb and to safely operate the car line.

Nevertheless, there is a change in the course from the two lanes to the one.

The victim D's ES520 front wheeler of the victim D, who was living together with the center line, was faced with the front wheeler on the left side of the X-rayed vehicle.

Ultimately, the Defendant’s negligence caused injury to the victim, such as the escape evidence of the 4-5 conical signboards requiring approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his defense counsel asserted that the accident in this case occurred on the road due to heavy snow at the time of the accident, so it was impossible for the defendant to control the vehicle operated by the defendant so that it does not go beyond the median line, and this constitutes a case where the center line was invaded due to unavoidable circumstances, and thus, the accident in this case does not constitute a central collision accident under Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

2. The phrase “when a traffic accident gets involved” in the former part of Article 3(2)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents is not an inevitable case where the point where the traffic accident occurred is beyond the central line.

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