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(영문) 대구지방법원 영덕지원 2016.02.03 2015고단277
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a C Poter cargo vehicle.

On August 12, 2015, the Defendant driven the above cargo vehicle around 14:20 on August 12, 2015, and proceeded with a two-lane road in front of the bus platform of the 2-lane bus platform located in Busan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Busan-do, in the speed of about 53.9km from the ridge on the side of the rooftop to the new tri-distance.

Since there is a 30 km speed limit, a driver engaged in driving service has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this while driving a bus platform at a speed exceeding 23.9 km, caused the injury of the victim of the credit blood, which requires approximately 8 weeks of medical treatment, due to the negligence of driving the bus platform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Medical certificate, traffic accident occurrence report, field map, actual survey report, field map, drug map of the accident site, 10 on-site photographs, 10 on-site paintings, car-type paintings, internal investigation reports, - comprehensive traffic accident analysis report, investigation report (victim D's hearing), investigation report (in relation to skiing mark), application of statutes;

1. Relevant legal provisions concerning criminal facts, and the proviso to Article 3 (1) and (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act [Considering the fact that the punishment is imposed, that the crime is an offender of negligence, that the injured person at the time of the accident appears to have been standing on the road (road on the crosswalk), that there is a part of the injured person's negligence in the event of the accident, that there is a payment of KRW 7 million to the injured person, and that the injured person does not want the punishment of the accused by agreement, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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