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(영문) 대구지방법원 서부지원 2014.12.10 2014고정1125
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

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 one ton cargo vehicle B.

At around 15:30 on September 2, 2014, the Defendant parked in order to deliver bean water to a restaurant that operated and traded the said cargo at the front of the Hangdong Seogdong, Daegu Seogdong-gu.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by putting the motor on a fixed parking area and thoroughly operating a brake system in order to prevent the vehicle from getting off.

Nevertheless, the Defendant neglected this and parked the vehicle of the above defendant while driving the brakes thoroughly without operating the brakes, and caused the victim C to shock the body part of the victim C (the age of 65) waiting for the signal in the sidewalk by shocking the body part of the front part of the vehicle, and facing the victim D (the age of 60) who was her female by shocking it, and caused the victim D (the age of 60) to go beyond the news report.

As a result, the Defendant suffered from the victim C, by negligence in the above business, the dysium, etc. requiring a treatment period of about three weeks, and the victim D suffered multiple dysium, etc. requiring a treatment period of about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a traffic accident report and a traffic accident actual investigation report;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each 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 of the provisional payment order;

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